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Legal News March 2017 in Viet Nam

1. Practice in construction of product-by-process claim in Vietnam A product-by-process claim is understood worldwide as a patent claim in which a product claimed by defining the process by which the product is made, and this claim type is at present permitted in many jurisdictions. In Vietnam, such a product-byprocess claim format is also permitted, however it is allowed under certain special circumstances only. As stated in the Guidelines for Patent Examination issued by the National Office of Intellectual Property of Vietnam (hereinafter referred to as “the NOIP’s Guidelines”) dated 31 March 2010, in the case that a product whose structure is...

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Legal News February 2017 in Viet Nam

1. Commercial conciliation On 24th February 2017, the Government issued Decree No. 22/2017/ND-CP, providing for principles, policies, requirements, and procedures to resolve disputes by commercial conciliation. The Decree requires that the resolution of disputes by commercial conciliation must follow the principle that disputing parties voluntarily participate in the conciliation and are equal in rights and obligations. Information related to the conciliation must be kept confidential, unless otherwise agreed by parties or stipulated by laws. The content of conciliation agreements must not breach prohibitions specified by law, not contravene social ethics, not avoid obligations, not violate the rights of the third parties. Disputes are...

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Legal News January 2017 in Viet Nam.

1. Government Guarantee on investment projects On 16th January 2017, the Government issued Decree No. 04/2017/ND-CP, on the issuance and management of Government guarantees, which shall take effect on 1st March 2017. Accordingly, the Government shall guarantee for the principals of loans or bonds issued for an investment project or program not exceeding 70% of total investment capital of that project or program. With respect to projects of which investment policies are approved by the National Assembly or the Government, or projects to be urgently deployed, the guarantee amount shall be the principal of loan or issued bond, provided that it shall not...

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