Legal News in September 2018

1. 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...

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Legal news in January 2018 in Vietnam

1. 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.

Vietnamese products lack trademark and trademark protection

Trademark of Vietnam

The Enterprise Support Project recently carried out a survey on trademark in Viet Nam. Of the 500 surveyed enterprises: 25-30 percent said they had not invested in trademark at all, more than 70 percent said they implemented inadequate investment in trademark, and only fewer than five percent said they invested in trademark properly: A survey by the Ministry of Industry and Trade showed that only 20 percent of Vietnamese enterprises invested in trademark, with most of them interested in trademark registration in the domestic market but not in foreign markets. Le Xuan Thu from Pham & Associates said that from 1988...

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“Hakuna Matata™” and Disney: Does their brand benefit from having trademark ?

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. Per Article 4.16 of the Vietnam IP Law in 2005: Mark means any sign used to distinguish...

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Geographical indication for Sơn La coffee protected

A Geographical Indication in Vietnam (GI) is a name or sign which identifies goods as having a specific geographical origin, and possessing qualities, reputation, or characteristics that are essentially attributable to products from that place of origin. GIs have been recognised in Vietnam since the promulgation of the Vietnam IP Law in 2005. Per Article 4.22 of the Vietnam IP Law in 2005, “A geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country”. Vietnam has over fifteen years of experience in GI protection, and GIs are considered an important tool for socio-economic...

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