Da Nang To Cooperate With the US Enterprises to Build an IT Center

On Oct 10^th, 2019 representatives of Da Nang city met the US business delegation including Hayward Quartz Technology Inc., Westcoast Precision, Inc., Majestic Beauty Supplies, Inc., Lee’s Sandwiches International, Inc., Hung Phat USA. These are businesses in the field of manufacturing, processing diamonds and gold, silver and gems; production and distribution of beauty accessories, cosmetics; manufacturing and producing metal and hardware, supplying customized high-quality spare parts and semiconductor devices for the medical and biotechnology equipment industry; Manufacturing and distributing semiconductor equipment in the United States, whom shown interest to set up business and expand operation to Vietnam.

Related post: Da Nang Hold Series of International Information Technology Activities

Representatives of  US enterprises affirmed that Da Nang City is a potential destination for businesses in the High Technology and Information Technology. With the coordination, as well as the city’s incentives in the field of high technology and investment in Da Nang High-Tech Park, enterprises from the United States consider opportunities to invest in the high technology sector in Danang.

Da Nang city has many benefits that investors are interested in such as the safe and stable living environment, the young and highly qualified labours from more than 25 universities and colleges in the city, in addition the city is also a destination for many domestic and foreign investors in many different fields, which is an opportunity for investors to compete, distribute the productions.

Currently, in Da Nang, there are more than 60 investment projects of the US investors with the registered capital of nearly 6 million USD, including large projects such as the Sunshine Aerospace Components Plant Project in Da Nang high-tech park of Universal Alloy Corporation (USA) with total registered capital of USD 170 million; the factory of electronics and electronic equipment manufacturing and assembling project, total capital of USD 50 million, in Hoa Khanh Industry Zone Expansion invested by Key Tronic EMS Group. Besides there are many other projects being implemented and effective in the process of operation.

Da Nang City and investors from the United States hoped to achieve more business achievements in the future to help investors and the city achieve development goals in the future to welcome company to set up company, factory, and invest in Vietnam.

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When do I need to trademark my company?

This is not your question, exactly, but the most vital step is to do a comprehensive US trademark search before spending any money on marketing and merchandising. You do not want to waste time and money on a mark that is strikingly similar to another product or service.

Trademark Law Firm in Vietnam  

If that is not an issue, I recommend that you trademark your startup shortly after you incorporate. I suggest this for two reasons:

-First, if you’ve done a comprehensive trademark search (which you’ll do during the trademark filing process), you can find out if you’re actually infringing on another company’s mark. This will help to avoid significant time and legal fees in the future.

-Second, although you can claim ownership of your trademark without formally registering with the US Patent and Trademark Office (USPTO), your rights are limited to the geographic region where your trademark is used. So, by formally filing, you can have protection across the US.

I really do recommend working with an attorney familiar with the trademark process to help you through the process.

A trademark attorney can

-Complete a thorough trademark search

-Fill out the application

-Ensure that deadlines are met

-Guarantee that the process has been completed properly

Source: Raad Ahmed - Quora

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What do you have to do to establish trademark rights in the United States?

The most secure thing to do is to apply for a trademark.

You have to remember, your trademark is what sets you apart from your competitors and ends up being a valuable part of your brand. You should absolutely protect it.

Trademark Law Firm in Vietnam 

Of course, in the US, you don’t necessarily have to file for a trademark if you can prove that you’ve used it in the marketplace. However, it’s not always so simple to prove this, so your best option moving forward is to file for the application. There will be a review period and then you will be registered for 10 years. You’ll need to renew it after that.

A few things to keep in mind

-There are strict guidelines and deadlines with the registration process.

--The USPTO doesn’t give refunds if you make mistakes on the application.

Your best bet is to hire a skilled trademark attorney to help you through the process.

A trademark attorney can

-Complete a thorough trademark search

-Fill out the application

-Ensure that deadlines are met

-Guarantee that the process has been completed properly

Source: Raad Ahmed - Quora

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Can you resell patents? Is there a platform for this?

A patent is a business asset, just like machinery or great processes - therefore it can be sold. A patent is simply a legal document granted by the USPTO that grants ownership of an invention for a period of 20 years (in most cases). However, in order to actually profit from a brilliant idea in which you’ve patented you must either sell the patent, license the usage rights, or market/create the product yourself. With a creative idea and strong patent, that list definitely goes from easiest to most difficult.

Patent Attorney in Vietnam

If you have full rights to patent and have made the decision to sell, there are a few ways to make this happen. Unfortunately, there is not some online exchange for this. However, you can still find the right person or company to sell your invention to. I recommend making direct contact with businesses that are in the same market and may be interested in your product. Additionally, you can attend trade shows to further network.

Sometimes it does take some money on the part of the patent holder in order to sell a patent. You may have some success buying ad space in industry magazines or trade publications to reach additional potential buyers. If all of these steps still don’t offer any leads, it may be necessary to use a broker to sell the patent. They will take a percentage of the total sale for their efforts.

Source: Raad Ahmed - Quora

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How long is a trademark good for?

In the US, a trademark can last indefinitely (which is different than the case of patents or copyrights). However, the catch is that the trademark must continue to be used to identify goods and services. Keep in mind, there is a federal term for trademarks which is ten years. You can continue to renew for ten year periods.

However, there’s a bit of a catch here. You must file an affidavit between the fifth and sixth year following trademark registration. This affidavit simply states that the trademark is still in use. Failure to file this document will lead to a cancellation. It’s up to the individual to remember to do this as there will be no reminders issued.

Related post: Can a trademark expire?

Your best bet is to have an attorney help you with this process. It can be timely and expensive to miss important deadlines.

Source: Raad Ahmed - Quora

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How does copyright work?

The law says that only the creator of a work, or his heirs, and no one else, has the right to make copies of it. Thus “copyright.”

The creator can lease out that right, give it away, whatever, but it’s his.

Copyright in Vietnam 

All the complications (and there are many) result from deciding who the creator is, what constitutes a copy, and how long copyright should last. Especially what constitutes a copy.

As for how it works in practice, copyright infringement — that is, making a copy without the creator’s permission — is a civil offense, not a criminal one. (What you do with the copies may well be criminal, though, since they’re stolen property.) That means that you won’t be arrested for copyright infringement, but you can be sued, and if you lose the suit you will be ordered to pay the creator everything you made off the infringement, plus any damages the creator can show to his own use of the property, plus (if the copyright was registered) punitive (punishment) damages.

Source: Quora 

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Da Nang Hold Series of International Information Technology Activities

From 21st to 24th October, the Danang People’s Committee in collaboration with the Vietnam Software and IT Services Association (VINASA) will organize an important international chain of information technology activities, including: Smart City Summit 2019 – The 3rd Smart City Summit 2019 and Japan Information Technology Day 2019 – The 12th Japan ICT Day 2019 in Danang.

Cybersecurity in Vietnam

Smart City Summit is an annual international event being held to promote cooperation, experience sharing, and smart city building strategy for the cities in the area, based on new technology platforms such as: IoT, Big Data, AI, SMAC… they help to manage the city’s performance and bring practical utilities, social security to the citizen, accelerate the digital transformation process of governments and orgazations, enterprise.

The summit will have the participation of 600 delegates, including about 200 international delegates, including senior leaders of the Government, ministries and central branches of Vietnam; leaders of major cities in Vietnam and the region; leaders of leading enterprises, technology corporations of Vietnam and the world.

The summit will be an opportunity for Danang to acquire and build a smart city, based on the scientific and technological foundations of advanced countries in the world, to build a smart and modern city, application of Information Technology (IT) to management and operation to bring high efficiency in the process of development and investment attraction.

Japan ICT Day is a cooperative promotion activity for Vietnam and Japan IT enterprises organized annually by VINASA and Vietnam – Japan Cooperation Committee (VJC), starting from 2007. The program was the sponsorship of the Ministry of Information and Communications, the Ministry of Industry and Trade, the coordination and support of many Japanese organizations such as the Embassy of Japan, JETRO, JISA, JEITA, KEIS, OADC, CSAJ, JASA,…

Japan ICT Day 2019 with the theme “Vietnam-Japan cooperation to promote digital transformation” will have the participation of 350 delegates, including nearly 100 delegates from Japan, with 3 topics: Cooperation Vietnam-Japan IT in the new technology trend; Developing IT human resources for Vietnam – Japan IT cooperation; Improve the efficiency in software outsourcing. Japan ICT Day 2019 is also expected to create a highlight to further promote Vietnam-Japan IT cooperation in Danang in particular and cooperation between localities of Japan and Danang in all fields.

Danang holds the 3rd Smart City Summit 2019 and the 12th Japan ICT Day 2019 continue the target of “’The year continues to promote attract investment “of the city, and at the same time promote the process of building a smart city in Danang.

By the events, Danang wishes to complete the process of establishing a smart city in the near future, and attracting and learning the experiences of advanced countries in the world. This is also an opportunity for investors around the world to set up company to invest in Danang in the future, to be able to give the best benefits not only for investors but also for the development of Danang city.

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Can an invention be patented if it isn't new?

While you can’t patent an invention that has already been patented, you may be able to patent a particular function or design of it.

Patent Attorney in Vietnam

A utility patent is appropriate for new or improved inventions. Of course, in your situation, it would be for an improvement on an existing invention and not a patent for a brand new idea.

A design patent doesn’t focus on the use of the product at all. Instead, it focuses on the ornamental features of it. So, if you are creating a brand new look to an existing invention, then this may be protectable under this type of patent.

Source: Quora

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How do I write a good provisional patent application?

Filing a provisional patent application is certainly easier, cheaper and faster than filing a utility patent application. It’s a route that allows you to to buy some time (a year), to develop and market your idea. 

Patent Attorney in Vietnam

If it gains traction during the year, then you can convert it into a utility patent; if not, then you can simply let it lapse knowing that you made the right decision to not invest the thousands of extra dollars and years it would’ve taken to obtain a utility patent.

1.Search Before You Write

The first step you need to take is to do a patent search. This will tell you whether your idea has already received patent protection. Start here with Google Patent search. You’ll also want to search the USPTO database. Conclude your search with a simple worldwide search here.

Conducting a general search (e.g., text search using Google) for inventions similar to your own that haven’t been patented is also a good exercise. This will reveal whether others have already productized your idea, and if so, how your idea is different - and hopefully superior. You’ll often find that there are many expressions of unpatented ideas floating around the marketplace. This is a rich source of information for you if you’re considering patenting your innovation.

You’ll likely find inventions that are similar to your own, but not necessarily the same. Your job is to look for the differences and what makes your invention unique. Those distinctions are going to fortify your application, so make sure you’re able to describe those differences thoroughly, specifically and clearly.

2.Write Simply, But Thoroughly

You should start by first writing a list of unique benefits and features that distinguish the novelty of your idea. I’d suggest taking your time in developing a very thorough, well thought out profile - a week or so is about right, with some attention devoted to developing your list each day. This will help you immensely when you start to complete the actual application.

3.The Application

You application will consist of: (1) a specification, (2) a drawing, (3) the USPTO Cover Sheet, and (4) the filing fee.

Your specification will include these sections: Title, Description of the Invention, Claims and Abstract.

You will also need to include drawings. These can be sketched by hand and scanned into your specification doc, or you can do them with design software, CAD, PowerPoint, manuals or something similar - whichever is easier for you.

The key thing to focus on with your drawings is to make sure you clearly, comprehensively and capably show enough detail of your innovations to convince the USPTO examiner that your idea should be granted patent protection.

Next, you should specify your claims. Please note that you are not required to include your claims in a provisional application, so you can skip this part if you want to; however, it’s highly recommended that you do so. They describe what it is precisely that your patent protects.

Keep it simple, but focused. Select the top features that distinguish your invention and provide a brief, but detailed description about each characteristic. You’re not writing a final set of claims (which will come later if you convert to a utility patent); you just need to make sure you’re not limited in the future. Therefore, your claim should follow this type of format: “A [machine, device, method - whatever it is you’re protecting] that consists of [insert the two or three distinguishing features here].”

You’ll need to write an abstract, which simply means a very brief summary of your invention. For this part, you can simply re-state what you described in your claims.

You will also need to complete a “Provisional Application for Patent Cover Sheet,” which you can download here.

Finally, you’ll need to pay your fees. You can file electronically or non-electronically (snail mail). The non-electronic filing is $200-$400 (depending on your company’s size), and are in addition to the filing, search and examination fees.

The application fees (separate from the above filing fee) ranges from $65 for a micro entity up to $260 for a large entity. You can see all USPTO fees here.

Final Things You Need to Know

Your provisional patent will automatically lapse exactly one year from your filing date. If you want to convert your provisional patent to a utility patent, you must do so before the one year anniversary date of your filing. So, for example, if you filed your application on June 1, 2018 your must file your utility patent application no later than the close of business on June, 2019.

Once you have filed, you’re entitled to use “patent pending.”

You are not permitted to claim priority from another application.

The provisional application must be made in the name/s of all inventor/s.

If you convert your provisional to a utility application before the end of one year, you can claim priority to your previous provisional application/s.

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How do you make intellectual property tangible?

Picture your mind as a gold mine site, where you can explore for the precious metal. You dig deep through muds, water, rocks, and landfill.

 Protecting Intellectual Property Rights in Vietnam

Naturally, before going to dig for gold, you know what it looks like therefore you know what you are looking for (trying to manage and commercialise acquired IP or not understanding the nature of your business original Intellectual Property could be a waste of effort). In reality, people are not always aware of the unique identity of gold, diamond or any precious metal for that matter, with this fact, it is safe to assume most businesses are not aware of the raw form of their intellectual property asset and how to make it tangible.

One can easily step on a rough looking gold and mistake it for an ordinary rock likewise you may have a eureka moment that could lead you to ownership of a precious IP asset but easily disregarded or discouraged by reducing it to a regular thought.

The good thing about Intellectual Property is that the raw material (ideas) is abundant, unlike gold. Therefore, every individual has an unlimited gold mine.

Intellectual property essentially is the mining of the mind. A person will mine their mind or soul as the case may be - for a creative solution. Now at this point, the result of the "eureka moment" is not yet a full-blown Intellectual Property but already can be classed as an intellectual asset because once you expose an idea to the market, it becomes a commodity of some sort. However, there are so many variables in the market that are going to influence how tangible your Intellectual Property will be.

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What are the steps to getting a patent in the United States?

Congratulations on creating an app and wanting to take the next steps to protect your work. Here is a brief overview of the steps for obtaining a patent through the USPTO.

First, you need to be sure that no one else has already come up with the same product or technology and secured a patent on it. You do this by performing a thorough patent search. This is something you could try to do yourself, but often it’s best to engage the help of a professional who is familiar with conducting these types of searches and can give you an opinion.

Patent Consultant in Vietnam

Next, you’ll need to determine what type of patent you would be pursuing. The most common options are a design patent or a utility patent. In your case you would be filing for a utility patent.

Now you need to decide whether you are filing for a provisional or nonprovisional patent. A provisional patent is the first step to securing a filing date if you’re not ready to file the nonprovisional patent and start the examination process, but ultimately you’ll need to get a nonprovisional patent to protect your idea.

Finally, you’ll need to prepare and file the application along with the application fee. As this can be a confusing and difficult process, it’s recommended to hire an attorney to prepare the application for you. At this stage you’ll put together all the necessary information and submit it to the USPTO for examination. Once received by the USPTO, they will review the application and issue a determination. If it’s denied you’ll have the opportunity to appeal and request reconsideration.

Once a patent is ultimately approved, you’ll need to maintain it by paying the required maintenance fees to the USPTO.

Source: Quora

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How do you get trademark registration?

What is Trademark?

The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels or a tagline or a combination of these. For example Coca-Cola and Pepsi.

Who can apply for the Trademark?

Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.

What are the documents required for Trademark Registration?

Following are the documents which are required for the Trademark registration:

-Copy of Trademark or logo

-Applicant details like name, address, and nationality and for the company it requires the state of incorporation

-Goods or services to register

-Date of first use of the trademark in Vietnam

-Power of attorney which is to be signed by the applicant.

-What are the steps for registering Trademark in Vietnam?

Following are the steps through which you can register your Trademark:

-Select a trademark agent and authorize it.

-Select attorney to represent you.

-The trademark attorneys in Vietnam conducts a trademark search.

-It depends upon the results of the search whether the trademark attorney will be draft your trademark or not. Just in case, someone already has the same trademark then you can change yours.

-The trademark attorney will file your trademark application with the trademark office and send you the receipt.

-Within a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the trademark office.

-No matter what the place is, it takes anywhere around 18 months to 2 years for the Trademark Office to decide whether the trademark should be granted or not. In case, if there are any objections from anywhere then it may take longer. .

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