How Does Dispute Settlement Mechanism of WTO Work?

The dispute settlement mechanism of the World Trade Organization (WTO) is a succession of the dispute settlement rules that has been effective for nearly 50 years in the history of GATT 1947. The basic objective of this dispute resolution mechanism is to achieve a positive solution to the dispute. Vietnam is member of WTO therefore it could refer to dispute settlement mechanism of WTO in dispute against other country member.   When...

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How Licensing of Trademark Works?

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 licensing of trademark must be established in written form to avoid dispute in trademark licensing.   Trademark licensing in Vietnam Accordingly,...

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What Are Obligations of Using Patent and Trademark?

When applicants of invention or mark are granted patent or trademark certificate, they are obliged to use these subjects. The reason for this provision which is, the owner may not use patents or trademarks in practical causing difficulties for the person who would like to use the patent and trademark in reality but cannot register as others has already registered.   Register utility solution in Vietnam According to Article 136 Vietnam...

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How Can IPR Holder Protect Intellectual Property Rights in Vietnam?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights in Vietnam of such holder:   To apply technological measures to prevent acts of infringement of its intellectual property rights; To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such...

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How Probation is Regulated in Vietnam Labour Code?

Probation is an agreement between an employee and an employer on a probationary job in a certain period of time in accordance with the provisions of law. Before entering into a labor contract, the employer and the employee should go through a probationary period to determine the long-term cooperation and attachment between the parties. The probation should comply with the provisions of the Labor Code and relevant guiding documents. The Labor Code...

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Cancellation Against of Trademark in Vietnam

Trademark is the priceless asset with your company because of being used to distinguish goods or services of different organizations or individuals.   Cancellation Against of Trademark in Vietnam It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or...

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Signals of Copyright Infringement in Vietnam

Authors might find their copyright are infringed in Vietnam and would need legal services from a local legal and intellectual property firm to advise.    Signals of Copyright Infringement in Vietnam A literary, artistic or scientific work is an achievement from hard intellectual labor of the author. However, after publishing works, many authors find others use, print or trade their works without their prior written permission....

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Extension of Submission Duration of the Questionnaire in Investigation on the Anti-dumping Case AD15

On April 02nd, 2021, Trade Remedies Authority of Vietnam – Ministry of Industry and Trade (Investigation Body) has issued the investigation questionnaire for the interested parties in AD15. Accordingly, the deadline for receiving the full answer is 5pm of May 7th 2021.   Investigation Body has received some requests for extending duration of answering the questionnaire for the interested parties in AD15. In order to facilitate for the...

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When and How to Register Trademark to Protect IP Rights

Considering trademark registration activities, the subject holder must comply with certain conditions to fulfill its trademark registration rights. According to Article 13.1 Law on Intellectual Property amended in 2009: -Organizations and individuals may register marks to be used for goods they produce or services they provide.   Register trademark in Vietnam -Organizations and individuals that conduct lawful commercial activities...

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Subject Matters of Intellectual Property Rights

Intellectual property subject matter is divided into three groups included: subject matter of copyright, subject matter of industrial property rights, subject matter of rights to plant varieties. In details:   Protect Intellectual Property Rights in Vietnam -The subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation,...

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