ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Sáu, 26 tháng 5, 2017

Decree No. 30/2013/ND-CP on aviation business and operations

On Apr 8th, 2013, the Government issued Decree No. 30/2013/ND-CP on business air transport and general aviation operations to replace Decree 76/2007/ND-CP dated May 9th, 2007.
The new Decree regulates on conditions and procedures for granting business permits for air transport, general business aviation license for commercial purpose, registration certificate of general aviation operation for commercial purpose, the use of brand, franchise businesses in air transport business and air transport operation enterprises for commercial purposes.
According to this Decree, the age of the used aircraft imported into Vietnam is regulated as following:
a) For passenger aircraft: Not exceeding 10 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; does not exceed 20 years from the date of manufacture to the expiry of the leasing contract; 25 years from the date of manufacture to the expiry of the lease contract for helicopters;
b) For cargo aircraft, postal parcels and business aviation for commercial purposes: Not exceeding 15 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; not exceeding 25 years from the date of manufacture to the expiry of the lease contract;
c) The type of aircraft other than those specified above: Not exceeding 20 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; does not exceed 30 years from the date of manufacture to the expiry of the lease contract.
In addition, the decree also provides for capital requirements:
1. Minimum capital requirement to establish and operate airline air transportation business:
a) Operation upto 10 aircrafts: 700 billion VND (or USD 25m) for airlines to do international air transport; 300 billion VND for airline operators in domestic air transportation;
b) Operation from 11 to 30 aircrafts: 1,000 billion VND for airlines to do international air transport; 600 billion VND for airline operators in domestic air transport ;
c) Operation from 30 aircrafts or more: 1,300 billion VND for airlines to do international air transport; 700 billion VND for airline operators in domestic air transport.
2. Minimum capital requirement for the establishment of the airline business for commercial purposes: 100 billion VND Vietnam.
This Decree shall be effective from the date of 06/01/2013.


Thứ Năm, 25 tháng 5, 2017

Nokia sues Apple for patent infringement

Apple was using Nokia's technology in its products without paying for it. 
Nokia announced Wednesday it is suing Apple in German and U.S. courts for patent infringement, claiming the U.S. tech giant was using Nokia technology in "many" products without paying for it.
Finnish Nokia, once the world's top mobile phone maker, said the two companies had signed a licensing agreement in 2011, and since then "Apple has declined subsequent offers made by Nokia to license other of its patented inventions which are used by many of Apple's products."
"After several years of negotiations trying to reach agreement to cover Apple's use of these patents, we are now taking action to defend our rights," Ilkka Rahnasto, head of Nokia's patent business, said in a statement.
The complaints, filed in three German cities and a district court in Texas, concern 32 patents for innovations related to displays, user interface, software, antennae, chipsets and video coding. Nokia said it was preparing further legal action elsewhere.
Nokia was the world's leading mobile phone maker from 1998 until 2011 when it bet on Microsoft's Windows mobile platform, which proved to be a flop. Analysts say the company failed to grasp the growing importance of smartphone apps compared to hardware.
It sold its unprofitable handset unit in 2014 for some $7.2 billion to Microsoft, which dropped the Nokia name from its Lumia smartphone handsets.
Meanwhile Nokia has concentrated on developing its mobile network equipment business by acquiring its French-American rival Alcatel-Lucent.
Including its 2013 full acquisition of joint venture Nokia Siemens Networks, Nokia said the three companies united represent more than 115 billion euros of R&D investment, with a massive portfolio of tens of thousands of patents.
The 2011 licensing deal followed years of clashes with Apple, which has also sparred with main rival Samsung over patent claims.
At the time, Apple cut the deal to settle 46 separate complaints Nokia had lodged against it for violation of intellectual property.
Source: E.vnexpress.net 2016



Thứ Tư, 24 tháng 5, 2017

Nokia, Apple bury hatchet in patent dispute

It's an upgrade in the relationship between two companies.
Nokia and Apple said Tuesday they were burying the hatchet in a bitter patent dispute with a cooperation agreement and an undisclosed cash payment by the U.S. tech giant to the Finnish group.

By settling their ongoing intellectual propertydispute, the two companies would "move the relationship... from being adversaries in court to business partners," Nokia's chief legal officer Maria Varsellona said.

Following years of clashes, Nokia and Apple originally signed a licensing agreement in 2011.
But last December, the Finnish group, once the world's top mobile phone maker, complained that Apple was using Nokia technology in many products without paying for it. And it filed lawsuits in Germany and in the United States.
Concretely, the dispute concerned 32 patents for innovations related to displays, user interface, software, antennae, chipsets and video coding.

The deal reached on Tuesday would put the two companies' relationship back on an even keel, with Nokia providing "certain network infrastructure products and services to Apple," the statement said.
Apple would "resume carrying Nokia digital health products (formerly under the Withings brand) in Apple retail and online stores, and Apple and Nokia are exploring future collaboration in digital health initiatives," it continued.
"Regular summits between top Nokia and Apple executives will ensure that the relationship works effectively and to the benefit of both parties and their customers."

Apple's chief operating officer Jeff Williams said the U.S. giant was "pleased with this resolution of our dispute and we look forward to expanding our business relationship with Nokia."
The two sides did not disclose the financial details of the deal.

But Nokia would receive "additional revenues during the term of the agreement," the Finnish group said.
The up-front cash payment would allow Nokia to "provide a comprehensive update of its capital structure optimisation programme," a restructuring plan launched in late 2015, which may now be lighter thanks to the payment by Apple.

Nokia's shares were showing a gain of more than seven percent stake on the Helsinki Stock Exchange at around 10:00 GMT, while the overall market was up by just 0.8 percent.

Source: e.vnexpress.net


Thứ Ba, 23 tháng 5, 2017

Time Limit of Trademark Protection Extension

Procedure of extending mark certificate in Vietnam
As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.

As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.
Procedure of extending mark certificate:
·         Application form (as template);
·         Original Mark Certificate (if any);
·         Power of Attorney (POA);
·         Payment voucher.
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.
Source: ANTLawyers.vn


Thứ Ba, 16 tháng 5, 2017

How to Terminate Representative Office in Vietnam?

Termination of operation of representative offices of foreign trader in Vietnam
Foreign Traders wishing to terminate the operation of representative office in Vietnam need to complete the procedure at Tax authorities, the Provincial Department of Industry and Trade and the procedure to return the seal at the police.
Pursuant to the provisions of the Vietnam laws, the termination of operation of representative offices of foreign traders in Vietnam at the Provincial Department of Industry and Trade shall be conducted as follows:
Preparation of dossiers for termination of operation of representative offices includes:
  • Notice of termination of operation of the representative office, made according to the form set by the Ministry of Industry and Trade, signed by the competent representative of the foreign trader.
  • List of creditors and unpaid debts, including tax debts and social insurance premiums;
  • List of employees and their respective current interests;
  • Original License for establishment of representative office.
  • Documents evidencing that the representative office has fulfilled all tax and financial obligations to the State of Vietnam
The order and procedures for termination of operation of representative offices at competent agencies shall be as follows:
  • The foreign trader submits a dossier for termination of operation of the representative office directly or via post or online (if applicable) to the Provincial Department of Industry and Trade (or the Management Board of Industrial parks, export processing zones, economic zones and hi-tech parks) where the representative office is licensed.
  • Within three working days from the date of receipt of the file, the competent authority shall examine and request the supplement if the dossier is incomplete and invalid. Requests for supplementary records are made at most once during the process of processing applications;
  • Within a time-limit of five (05) working days from the date of receipt of a complete and valid file, the competent authority shall be responsible to publish on its website the termination of operation of the representative office.
  • Foreign traders shall publicly post up the termination of their operation at the representative office.
Foreign traders whose representative offices have terminated of operation shall be responsible for performing contracts, paying debts, including tax debts and settling lawful interests for laborers who have worked at the representative office in accordance with the laws.
Source: ANTLawyers




Thứ Hai, 15 tháng 5, 2017

Granting Investment Registration Certificate in Vietnam

How to obtain an Investment Registration Certificate in Vietnam?
As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit.  The foreign direct investment of the foreigners is required to be registered at Vietnam state authority to protect the rights of the investor.

According to the Law on Investment 2014, investment projects of foreign investors; projects of setting up a economic organization in which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners in a partnership; projects of BCC contract between domestic investors and foreign investors or between domestic investors and economic organization which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners shall need to conduct the procedure of applying investment registration certificate as regulations of law.
Preparation of dossier
·         A written request for permission for execution of the investment project;
·         A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
·         An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
·         Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
·         Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
·         Explanation for application of technologies to the project which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
·         The business cooperation contract (BCC) (if the project is executed under a BCC).
Order and Procedure
·         Investors submit the dossier at Department of Planning and Investment (or management of economic zones, high-tech zones);
·         Within 15 working days from the date of receipt of a complete and valid dossier, the competent authority shall grant the investment registration certificate for investors.
In practice, the time duration would be lengthened due to the time for preparation of documents from investor, getting them notarized, legalized and authenticated before being accepted in Vietnam. The documents in foreign languages shall need to be translated into Vietnamese.  The actual time for processing paper at the State authority would also last longer in practice when the State authority evaluate the project plan of the investor to ensure that its investment purpose is achievable economically and in accordance to the regulations of Vietnam.  It is advised that the client engage professional law firm in Vietnam to assist with advisory and investment registration process.


Thứ Năm, 11 tháng 5, 2017

Opposition of Applications for Registration of the Mark Protection

How to Oppose Applications for Registration of the Mark Protection in Vietnam?
Vietnam Law on Intellectual Property allows any third party to have right to denounces the opposition of trademark applications for registration which have identical or confusingly similar signs.
As from the date an application for registration of mark is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.
Opposition to trademark applications plays a great role for the protection of trademark owner that prevents counterfeiting, duplication, infringement and trademark registration in contravention of law.
Documents:
01 Power of attorney (as form)
Documents and evidences to prove the opposition bases.
(ANT Lawyers could consult client specifically and particularly about the evidences and documents).
Opposition procedures
After receiving a disapproval application for registration of mark, National Office Intellectual Property (NOIP) has a dispatch to answer the disapproval application within 10 working days from date received a dossier. NOIP also sends disapproval opinions to owners of application for registration of mark protection.
Owners of application for registration of mark protectionhas opinions about this disagreement and give proofs that the application for registration of mark protection is suitable with requirement of Intellectual Property law
NOIP is pursuant to argument, proof and regulation law of parties for agree or refuse to grant a protection title
Opposition dossier includes:
Disapproval declaration (02 copies following form)
Explanation documents for disagreement of protection title issue
Attachment proofs.
Power of attorney (if an application is filed through representative of owner’s mark)
Fee, charge vouchers relating disagreement following regulations in law.
Duration
There is no duration stipulation in Vietnamese law. As our usual, NOIP will take from 6 months to 9 months to examine.

Source: ANTLawyers.vn