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Đang hiển thị bài đăng từ Tháng 8, 2022

Enforcement of Foreign Arbitral Awards in Vietnam

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Procedures for Recognition and Enforcement of Foreign Arbitral Awards in Vietnam In the era of globalization, cooperation between countries have been established in many aspects and fields. Especially in the judicial field,  the recognition and enforcement of foreign arbitral awards  are important procedure in order to facilitate law enforcement between countries and protect the legitimate interests of the litigants. Arbitral Award Enforcement Law Firm in Vietnam The recognition and enforcement of foreign arbitral awards in Vietnam is a specific procedure. Accordingly, the court will be the authority to conduct the review to recognize the validity of foreign arbitral awards to be enforced within the territory of Vietnam. When receiving a request for recognition of a foreign arbitral award, the court will consider and accept the settlement according to the prescribed principles. Specifically, Vietnamese courts only recognize and enforce foreign judgments in the following ...

What is the effect of an international patent application?

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What is the effect of an international patent application? PCT National Phase Entry in Vietnam In general terms, your international patent application, provided that it complies with the minimum requirements for obtaining an international filing date, has the effect of a national patent application (and certain regional patent applications) in or for all PCT Contracting States. Moreover, if you comply with certain formal requirements set out in the Treaty and Regulations, which are binding on all of the PCT Contracting States, subsequent adaptation to varying national (or regional) formal requirements (and the cost associated therewith) will not be necessary.

Should IP holders handle with the infringement through litigation?

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Should IP holders handle with the infringement through litigation? How to handle effectively with infringement is a big concern of Intellectual Property (IP) holders. Should the IP holder file a lawsuit at Court? Is this way effective in Vietnam?  Should the IP enforcement law firm in Vietnam be helpful? This article will give you general information about handling of intellectual property disputes through legal action at court in Vietnam. IP Enforcement Law Firm in Vietnam Unlike many countries in the world, in case of infringement, most IP holders proceed with lawsuits in the courts (judicial authorities), while other administrative agencies only perform measures to ensure enforcement of judgments of the court. Protection of IP rights through the litigation has many advantages over administrative measures because it guarantees the enforcement and compensation from infringers. However, in our opinions, the practice of resolving IP rights disputes in courts is not as effect...

Copyright in Vietnam

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Copyright means the rights that creators have over their literary and artistic works including software, database, technical drawings, maps, books, music, paintings, photograph, architecture, sculpture, and films, advertisements… Copyright in Vietnam Developing countries tend to have lower IP indexes than developed countries. However, with the integration into the global economy through signing trade agreements, the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft have been raised in developing countries including Vietnam because it realizes the benefits it brings. Hence, Vietnam has reviewed and changed its IP law in a way that better protect  copyrights in Vietnam . We are a copyright consultant in Vietnam with lawyers having suitable qualifications and experience to assist client from application, protection, and dispute handling process. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and s...

How Licensing of Trademark in Vietnam Works?

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Licensing of industrial property subject in general or of trademark in specific is regulated in Intellectual Property law. Accordingly, in trademark licensing, the owner (licensor) grants permission to another (licensee) to use that trademark on mutually agreed terms and conditions. The must be established in written form to avoid dispute in  trademark licensing in Vietnam . Trademark licensing in Vietnam Accordingly, licensing of trademark includes the following types: exclusive contract, non-exclusive contract; sub-license contract. Firstly, exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed trademark while the licensor may neither enter into any trademark license contract with any third party nor, without permission from the licensee, use such trademark. Secondly, non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall st...

What Are Legal Framework for Fintech in Vietnam

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The 4.0 industrial revolution along with the explosion of the Internet has created the basis for the forward leap in all fields of life. The financial sector is not an exception and is directly affected by science and technology.  In addition to traditional finance, a new type of finance has been formed with superior characteristics which are appropriate for the current situation and actual needs, which is Fintech – Financial Technology. Despite the advantages of Fintech, the process of operating it faces certain difficulties including the legal challenges. Fintech Lawyers in Vietnam Fintech may utilize technologies being big data, cloud computing, artificial intelligence, biometrics and blockchain… There is no comprehensive legal framework for such at the present in Vietnam. Hence, regulations on science, technology, information technology and intellectual property can be applied depending on the nature of the matters including Law on Intellectual Property, Law on Information Tech...

How to transfer money from Vietnam abroad?

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The Cases of  Transferring Money from Vietnam Abroad In the context of international economic integration, more and more foreign investors are coming and investing in Vietnam. Besides, many Vietnamese individuals and organizations have also implemented many investment activities, living, traveling… abroad. Therefore, there are needs to  transfer money from Vietnam abroad . According to the provisions of Vietnamese laws on foreign exchange management, domestic individuals and organizations are allowed to transfer money  abroad in the following cases: How to transfer money from Vietnam abroad? For individuals being Vietnamese citizens, they are entitled to buy, transfer or bring foreign currencies overseas according to the State Bank’s regulations for the following purposes: to study and receive medical treatment abroad; traveling; business trip; visiting abroad; to pay charges and fees to foreign countries; allowances for relatives members living abroad; transfe...

Anti-dumping Law: The Basic Concepts

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1. What is dumping? In international trade, dumping is a phenomenon occurs when a commodity is exported at a price lower than the selling price of that item in the domestic market of the exporting country. Therefore, it is simple to understand that if the export price of a commodity is lower than its domestic prices, the product may be considered to be dumped. Anti-dumping Law Firm in Vietnam 2. Why is dumping? There are many causes of dumping in international trade. In fact, there are many cases that seller deliberately dumping in order to achieve certain benefits such as: Dumping to eliminate competitors in the import market to become monopoly and gain market share; Selling at low price to acquire foreign currency… Sometimes, the dumping is reluctant because the manufacturer and exporter cannot sell product, the production is stalled then the long-term storage products could be corrupted… Hence, they have to sell off to recover capital. In international trade, the anti-dump...