Legal News in April 2018 in Viet Nam
On 3 April 2018, the Ministry of Industry and Trade issued Circular No.05/2018/TT-BCT, on origin of goods (“Circular 05”)...
Continue readingOn 3 April 2018, the Ministry of Industry and Trade issued Circular No.05/2018/TT-BCT, on origin of goods (“Circular 05”)...
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 A patent application which is actively withdrawn by a written request of the applicant before publication is issued therefor shall not be published in Vietnam....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 readingThe 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...
Continue readingA 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...
Continue readingIn 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 readingA 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...
Continue readingGross violations of intellectual property rights (IPR) are commonplace and the market is chock-full of counterfeit and fake versions of leading brands, who choose to keep violations out of the limelight and out of fear of negative publicity. ...
Continue readingA Geographical Indication (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 development in the country.
The National Office of Intellectual Property of Viet Nam has recently issued the Decision No. 2835/QD-SHTT on granting Geographical Indication Registration Certificate No. 00069 for “Hà Giang” Shan tuyết tea. Department of Agriculture and Rural Development of Hà Giang Province is the organization in charge of managing this GI.
Gross violations of intellectual property (IPR) are commonplace that cause damage to the owner. On 13th December, toy making company Lego Group accused Zuru, a company that designs, manufactures and markets toys and consumer products, of infringing their Trademark, Copyright, Trade Dress, and Patent. The suit was filed at the US District Court of Connecticut. According to Lego’s suit, Zuru infringed their Minifigure figurine. These figurines are protected under VA0000655230 and VA0000655104. The copyright registrations cover 3D sculptures. These products also bear the copyright symbol ‘‘©’’ on their packaging. Lego also owns the Trademarks for their ‘‘Minifigure’’ figurine including 4,903,968 covering the design...
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