Questions on copyright in Vietnam

Copyright and copyright related rights are categories in intellectual property rights which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Copyright related rights (related rights) are a special type of copyright and are separate from the author’s rights. Related rights are defined as rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes (Article 4.3, Vietnam IP Law). ...

20 August

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Guidance on establishment of new foreign invested enterprises in Vietnam

Posted by KENFOX IP

in Investment and Enterprise

This guidance focuses on investment activities of foreign investors in relation to the establishment of their foreign invested enterprises (“FIE”) in Vietnam....

18 August

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Guideline for Copyright issues in Vietnam

Posted by KENFOX IP

in Copyright

What are the requirements for copyright to subsist in a work? KENFOX: Per Article 14.3 of Vietnam IP Law, a work must be created directly by authors through their intellectual labor without copying others’ works. As a matter of practice, to quality for copyright protection in Vietnam, a work must be of originality (i.e. an author's own intellectual creation) and creativity (i.e. a sufficient amount of intellectual creativity). Copyright subsists since the time the work is fixed in a tangible medium (irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published...

15 August

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Questions on Copyright Enforcement in Vietnam

Posted by KENFOX IP

in Copyright

Copyright infringement in Vietnam, besides being settled under civil route, is handled under administrative route or criminal route. Per Article 200, Vietnam IP Law, Vietnamese enforcement bodies include: + Copyright enforcement bodies under administrative route: (i) Inspectorates of Ministry/Departments of Culture, Sports and Tourism. (ii) Market Management Offices; (iii) Customs Offices; (iv) Police Agencies ...

29 May

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Guidance on Franchise Registration in Vietnam

Posted by KENFOX IP

in IP Practice

Conditions applicable to franchisors A business entity may grant a franchise when the business entity satisfies all of conditions as stipulated by Vietnamese laws, particularly: (i) business system to be franchised has been operating for at least 01 year[1], (ii) business entity has registered the franchising activity with the competent body in accrdance with Vietnamese laws, and (iii) goods and services are eligible for franchising. It is further noted that, an enterprise may only conduct business in goods and services on the list of goods and services in which business is restricted or subject to conditions after such business entity has been...

23 April

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Taxes

Posted by KENFOX IP

in Trademark in Vietnam

Licensee agrees that it shall pay In addition to the license fee or royalties provided in Article (…), any and all transfer taxes, in particular value-added taxes, which may become payable in a country other than the country of Licensor, and such transfer taxes shall not be deducted from the license fee or royalties due to Licensor. Any taxes required to be withheld from the license fee or royalties due to Licensor, shall be paid by Licensee to the appropriate governmental agency, and the license fee or royalties remitted by Licensee to Licensor shall be the net amount after such...