BUSINESS BRIEF: VIETNAM
BUSINESS BRIEF: VIETNAM Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Patent rights can be secured by filing a patent application with the National Office of Intellectual Property (NOIP) of Vietnam where the application will be examined to ascertain whether it meets the requirements of patentability.
Vietnam is a state member of the Paris Convention and has acceded to the PCT, so it is at the applicant’s discretion to file a patent protection in Vietnam claiming Convention priority or through PCT route. In view of reduced cost for filing in several countries, the PCT system would be preferable.
Once granted, a patent is valid for a period of 20 years from the filing date.
What are the costs for obtaining a patent, and what are the costs of defending it? Typically it costs about $2,500 to obtain a patent, filed through Convention or PCT routes, with 30 pages of specification and two independent claims.
Depending on its complexity, costs of a patent infringement lawsuit including attorneys’ fees can be up to $10,000 and are charged according to the work undertaken.
Where can you find information on existing patents in your jurisdiction? Information on existing patents and published patent applications filed in Vietnam can be found by manual search in the paper version of the Official Gazette of IP archived at NOIP and via the internet, on:
http://iplib.noip.gov.vn/WebUI/WLogin.php.
Is there anything unusual about the patent law that companies should be aware of, and what are the most common mistakes businesses make?
Patent applicants, especially in pharmaceutical
field, should be aware of the patentability of ‘use format’ claims. As defined by Article 4.12 of the IP Law, an invention is “a technical solution, in form of a product or a process, to resolve a specific problem by utilising laws of nature”. Patent examiners at NOIP may reason that “use” is neither a “product” nor a “process” to reject the claims in the use format.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Key threats include a lack of IP courts in Vietnam and judges’ insufficient knowledge on IP issues. If you suspect someone is infringing your patent, you need to find a reliable local IP law firm to advise you on essential steps to handle the case. A start is to draſt and send a cease and desist letter to the infringer.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? Applicants can use the national registration system by filing an application with NOIP, or through the international registration system (Madrid Agreement and Protocol) to register their marks. Registration
of
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Key threats to trademark owners are counterfeiting and online infringement. Te best strategy for dealing with infringement is to apply administrative measures, which may be quick and simple to arrange. Authorities that have the right to apply administrative sanctions include IP inspectors, the Market Management Department, Economic Police, Customs and People’s committees.
Te main sanction in the form of monetary fine can be up to VND 500 million ($22,000).
What are the most common mistakes trademark owners make?
Te most common mistakes that trademark owners make are: (i) failure to renew a trademark registration, as the mark rights will cease if a mark is not used for a period of five years, whereby any party may use the mark; and (ii) a lack of understanding of the scope of protection, especially in case the mark is registered with disclaimer.
Copyright a trademark
provides exclusivity to the mark owner to use the mark on the goods or services for which the mark is registered, and to take legal action against trademark infringements.
Te trademark is protected for a period of ten years and can be renewed every ten years thereaſter.
What are the costs for registering a trademark, and what are the costs of
defending it? The average cost, including attorneys’ fees, for registering a trademark in respect of one class of goods/services covering a maximum of six items is $350, and those for renewal is $110.
144 World Intellectual Property Review Annual 2014
What are the key challenges to copyright holders in your jurisdiction? Key challenges to copyright holders in Vietnam are: (i) unclear and sometime contradictory copyright law and related legislation; (ii) increasingly sophisticated copyright infringement due to the advancement of technology, leading to a rise in the commercial trade of pirated goods; and (iii) copyright infringement on the internet, which has become a global problem. Infringing websites mainly operate abroad and it is very difficult to handle the infringement without international collaboration.
How should people ensure they are protected against copyright infringement?
Copyright protection is governed under the Penal Code (Article 170 Infringing
upon
www.worldipreview.com
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