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 reading
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 reading1. Provisions on limits for issuing covered warrants
On 18 January 2018, the State Securities Commission issued Decision No.72/QD-UBCK, promulgating the Rules/Guidelines for offering and hedging with covered warrants.
Accordingly, the regulation sets maximum limits for warrants, which have been issued or registered to be issued, excluding those that have been canceled or have expired, according to the available capital of each issuer. In particular:
(a) 0% for issuers with a liquid capital ratio of 180% to 250%;
(b) 5% for issuers with a liquid capital ratio of 250% to 300%;
(c) 10% for an issuer with a liquid capital ratio of 300% to 450%;
(d) 15% of the Issuing Institution has a liquid capital ratio of 450% to 600%;
(e) 20% to the issuing organization with a liquid capital ratio of more than 600%.
The liquid capital ratio to be used for determination of limits is the continuous minimum of 6 latest months prior to the date of filing registration dossier for offering warrants.
This Decision takes effect from the date of signing.
Publication of patent applications under the Vietnam IP Law. A patent application which is actively withdrawn by a written request of the applicant before publication is issued therefor shall not be published in Vietnam....
Continue reading
In March 2017, the Supreme People’s Court of Vietnam has adopted Resolution No.03 requesting the publication of court’s judgments and decisions on the Court’s Web Portal from 1 July 2017 (Resolution 03/2017)....
Continue reading