All disputes, controversies, or different which may arise between the parties hereto, out of or in relation to or in connection with this Agreement, or for the breach thereof, shall be finally settled by arbitration pursuant to the Japan-American Arbitration Agreement, of September 16, 1952, by which each party hereto is bound....
Continue readingCompany hereby grants to Licensee, during the life of this Agreement, an exclusive, non-transferable and non-assignable license to manufacture, use and sell the Licensed Product under the Patents, Know-How and other technical furnished by Company hereunder in Territory. Licensee shall manufacture the Licensed Product only at the factory in (…) owned or controlled by Licensee and approved in advance by Company....
Continue readingExample 2-1: Definitions For the purpose of this Agreement, the words and terms listed below shall have the following meaning: a) The term "Licensed Product" shall mean the finished (…) composite and any other composites containing the chemical compound covered by the Patents, Know-How (these are hereinafter defined) and/or other technical technical furnished by Company, which are manufactured by Licensee. b) The term "Territory" shall mean (…). c) The term "Patents" shall mean those patents and patent applications covering Licensed Product or any process of making it which Company owns or controls, the application date of which is on or before the Effective Date...
Continue readingImportance of the section/part "Preamble": "Preamble" consists of the essential part of the contract or the License agreement. Therefore, this section should not be neglected in a license agreement/contracts....
Continue reading“Bad faith” most commonly arises in the context that a trademark is used in one or more jurisdictions, but is not registered in those jurisdictions...
Continue readingAbusing dominant position in the market: Case 1: In 2007 THP filed a complaint with the Vietnam Competition Authority (VCA) against Vietnam Brewery Limited (VBL) – a producer of Tiger and Heineken beer. THP alleged that VBL had abused its dominant position in the premium beer market in some big cities in Vietnam to deter new competitors. The VCA’s investigation mainly focused on identifying the relevant market, determining if VBL had a dominant position in that market and collecting evidence to prove the exclusive dealing conduct. The relevant market in this case was identified by the VCA as the beer market...
Continue reading1. Amendment of Decree 116: Automobiles are no longer inspected in batches On 26 September 2018, the Prime Minister issued Decision No.1254/QD-TTg, approving the Action Plan to promote the National one-stop shop mechanism, the ASEAN one-stop shop mechanism, and reform specialized inspections with respect to exported or imported goods. According to this Plan, the Prime Minister has assigned the Ministry of Transport to study and amend the process of imported automobile inspection towards examining only the representative car sample for each representative of all vehicles in one shipment, instead of each batch of imported vehicles as stipulated in Decree No. 116/2017/ND-CP. Regarding conditions...
Continue readingCancelling procedures for issuance of a certificate of shipping business Decree No. 147/2018/ND-CP amending Decrees on conditions for business in the maritime field shall officially take effect on 24 October 2018. Accordingly, procedures for issuance of Certificates of satisfaction of conditions for shipping business shall officially be cancelled. Shipping enterprises and cooperatives will only have to meet the general conditions on establishment in accordance with the laws. The conditions for domestic enterprises in shipping business have also been simplified in comparison with the current regulations, specifically: (a) Being an enterprise or co-operative in maritime shipping business, which have been established in accordance with...
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The Lao New IP Law provides more clarification on procedures (administrative remedies, Customs recordal, etc.), while focusing on specific issues of concern (online infringement) that the authorities are endeavor to tackle in Laos...
Continue readingOn 3 April 2018, the Ministry of Industry and Trade issued Circular No.05/2018/TT-BCT, on origin of goods (“Circular 05”)...
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