Can I trademark a name that is similar (but not identical) to the name of another company?

If you will use it on completely different products, then yes, it might be possible. For instance, they produce milk and you offer tires. The main idea is to avoid confusion between your brands; since if a regular customer thinks that your products and the company’s products originate from the same source, you will be in trouble.

Trademark in Vietnam

If the products are similar (even if they are not identical), you should think about choosing another trademark. In the US the company has some common law rights, provided that they used the trademark first. If it’s just a company with the same name and they do not use the name in commerce, it does not qualify for the protection. If the name is in use, the owners can try to cancel your registered trademark if you register it.

The cancellation will be expensive, very expensive and if your trademark becomes popular and the regular customer associates the trademark with your products, they may fail to succeed.

Facts to check: are they using the unregistered trademark? On what products are they using it? Are they similar to your products? Is the trademark registrable?

                                            

You can try to apply for your trademark if it’s registrable and not in use. No one can guarantee that it registers, however, it might be worth trying.

If you want to be sure, contact an attorney.

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Decision No. 3877 On Investigation into Imposition of Anti-Dumping Measures For Products of Chinese and Korean origins (case No. AD04)

The Ministry of Trade and Industry has issued Decision no. 3877 to proceed the investigation on imposition of anti-dumping measure for some products from China and Korea under the case AD04. The first step for related party to participate into the investigation process is to register with Vietnam Competition Authority directly or through the assistance of a law firm with experience in anti-dumping procedures in Vietnam.

Pursuant to Article 70 of the Law on Foreign Trade Management on procedure for investigating the trade remedies case and Article 79 of Law on Foreign Trade Management on the basis of proceeding the anti-dumping investigation, the Vietnam Minister of Industry and Trade decided to conduct the anti-dumping measures imposition investigation according to the request of Investigation Authority relating to some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers originated from China and Korea (case No. AD04).

International Trade Lawyers in Vietnam

The details of investigation are conducted pursuant to Article 80 of the Law on Foreign Trade Management on contents of an anti-dumping measures imposition investigation and Article 32 of the Decree No. 10/2018/ND-CP on deciding to conduct anti-dumping measures imposition investigation.

Imported goods subject to investigation:

The imported goods subject to investigation are some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers which are classified by HS Codes 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7210.40.19, 7212.40.91, 7212.40.92, 7212.40.99 (the case No. AD04)

Origins of imported goods: China and South Korea

Domestic industry:

No.	Trade name	Opinion	Market share/ total market share (%)
1	Nam Kim Steel Joint Stock Company	The requesting party	29,35%
2	Southern Steel Sheet Co., LTD
3	TVP Steel Joint Stock Company
4	Dai Thien Loc Corporation
5	Ton Dong A Corporation	Agreed the investigation and application of the anti-dumping measures	61,31%
6	Maruichi Sun Steel Joint Stock Company
7	Hoa Sen Group
8	VN Steel Thang Long Coated Sheets Joint Stock Company
9	Blue Scope Steel	No opinion	9,34%

Pursuant to the results of examination of request dossier and the sources of available information in pre-initiation stage, the Investigation Authority found out the evidence of: i) the dumping conducts relating to the goods originated from China and Korea; ii) the significant damages to the domestic industry; iii) the causal relationship between the dumping conducts and the significant damages to the domestic industry.

Consequently, the Investigation Authority recommended the Minister of Industry and Trade to proceed the investigation. The conclusion of preliminary conclusion and/or final conclusion investigation is basis of the Investigation Authority’s recommendation to the Minister of Industry and Trade on imposition or non-imposition of provisional and/or official anti-dumping measures.

Investigation period: The investigation period for determining of dumping: from 01 June, 2017 to 31 May, 2018.  The investigation period for local industry’s damages determination includes: The first year: from 01 June, 2014 to 31 May, 2015. The second year: from 01 June, 2015 to 31 May, 2016. The third year: from 01 June, 2016 to 31 May, 2017. The fourth year: from 01 June, 2017 to 31 May, 2018.

Proposal for tax duty of Requester:

The Requester proposed for investigating and imposing the provisional anti-dumping duty with 25.5% relating to the investigated import products from China and 19.25% relating to the investigated import products from Korea before the time the Ministry of Industry and Trade issues the official decision.

The individuals and organizations as stipulated in Article 74 of Law on Foreign Trade Management may register as a related party to Investigation Authority  to access the public information during the investigation, and to send the opinions, comments, information and evidences related to the investigation as mentioned herein.

Organizations and individuals shall prepare applications using the application form for registration as interested parties stated in the Appendix 01 attached to the Circular 06 and send to Investigation Authority no later than 30 (thirty) days from the date issuing the investigating decision.

Upon the receipt of applications for registration as related parties, the investigation authority shall consider whether a party is accepted as a related party or not within a period of 07 working days. If an application for registration as related party is refused, the Investigation Authority is required to explain such refusal in writing to the applicant.

The related parties under regulations of Article 79 the Law on Foreign Trade Management shall implement their rights and obligations under Article 9 of the Decree No. 10/2018/ND-CP.

In order to ensure its lawful rights and benefits, the Investigation Authority recommends the individuals and organizations manufacturing, importing, using the investigated goods to register as a related party to perform information accessing right, to provide information and express opinions during the investigation procedure.

Questionnaire: Within 15 days since the issuance of the decision on investigation, the Investigation Authority shall send the questionnaire to seek answer to various subjects.

On-site Investigation: Pursuant to Article 75.3 of Law on Foreign Trade Management, the Investigation Authority shall be entitled to proceed the on-site investigation (if necessary), including overseas investigation to certify the information, dossiers provided by related party or to collect more information, dossiers for settlement of trade remedies case.

Confidential information: The Investigation Authority shall keep the investigation information confidential as stipulated in Article 75.2 of Law on Foreign Trade Management and Article 11 of Decree No. 10/2018/ND-CP.

Cooperation during the investigation: In case any related party refuses to participate in the case or fails to provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion relating to such related party shall be based on available information.

In case a related party provides false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such related party shall be based on available information.

Non-cooperating related parties shall not be exempted from trade remedies measures as prescribed in Article 7 of Decree No. 10/2018/ND-CP.

The Investigation Authority recommends the related parties to comprehensively cooperate during the investigation to protect its legitimate rights and benefits.

Duration of investigation: Anti-dumping measures imposition investigation shall be completed within 12 months from the date on which the decision on anti-dumping measures imposition investigation is issued. In some special cases, the Minister of Industry and Trade may extent the duration for anti-dumping measures imposition investigation but the total duration shall not exceed 18 months.

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What does trademark protect against?

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

Trademark registration services in Vietnam 

Trademark is a monopoly, allowing only the owner to make use of the trademark in connection with a business or product. (Similarly, Service Marks do the same thing for services.)

These brand names cannot be used by competitors on their products or businesses. If they try to do so, they are infringing on your trademark and the owner of the brand name must sue them (or risk losing their trademark protections.)

Not, registrations are very specific. If you are not using your trademark in another class of business, someone else can name their non-competing product with that name. So, if you are Apple (makers of the iPhone), Apple Plumbers is not competing with you. Perfectly okay for them to use that mark.

And “nominative use”, where someone is actually referring to your product, is also okay. How could I refer to the company Disney if I could not use their name? I just can’t name my media company with their name.

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What is meant by copyright?

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.

Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright

Copyrights are “original works of authorship” and it gives the copyright owner the sole right to make copies; distribute; perform the work publicly (such as for plays, film, dances or music); display your work publicly (such as for artwork, or stills from audiovisual works, or any material used on the Internet or television); and make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media).

So think pictures, movies, music that kind of thing. If someone’s website says copyright 2018 or you see the c inside of a circle that is someone asserting their rights in that work and telling others they cannot use it.

Copyrights are protected by common law so as soon as it is “fixed in a tangible medium” the work is protected and if someone is to steal or use that thing, they can get in legal trouble.

Important works should be registered with the copyright office because in order to sue for copyright infringement you need to have a registration for that item.

This is a super basic overview but I hope it is somewhat helpful in explaining copyrights

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What did you learn from applying for a patent?

1.You really need a patent lawyer.

2.The language of patents is really weird and really specific. My most recent patent application was just returned by the examiner for corrections because in my claims, I talked about a device equipped with sensors, wherein each sensor feeds information to a programmable processor. The examiner told me the claims had to make reference to a device equipped with sensors, wherein each said sensor feeds information to a programmable processor. That’s how finicky and persnickety they are about language.

Patent Consultant in Vietnam

3.It’s very expensive.

4.No matter how thoroughly you search, the patent examiner will come up with prior claims or prior art he thinks might invalidate your claims. This prior art may or may not have any relevance; it’s a complete crapshoot.

5.You really need a patent lawyer.

6.Patent lawyers charge fees that make open-heart surgery look affordable.

7.Working on a patent really makes you think clearly and meticulously about what you’re doing. You need to be able to communicate your ideas with a degree of precision you may not be accustomed to, both to your lawyer and to the patent examiner. You can’t make assumptions. You can’t leave details out. If you can’t describe your invention with that level of clarity and precision, you might not be ready to patent it yet.

8.Think global, write local. Describe your invention in detail…but make your claims general enough that your patent can’t be worked around just by changing the implementation details.

9.You really need a patent lawyer.

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EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

On 11th October, 2018, Mr Tuan Nguyen, the representative of ANT Lawyers law firm has participated in EuroCham Brussels Mission between 8th and 12th October, 2018 to attend hearings at European Parliament on the Free Trade Agreement (EVFTA), visited and discussed with the diplomats of European Union in head office of EEAS in Belgium, Mr. David O’Sullivan, the Chief Operating Officer of European External Action Service (EEAS) to seek understanding and support to promote the approval of EVFTA.

EVFTA Lawyers in Vietnam

Along with other delegates of EuroCham at this meeting, Mr Tuan Nguyen, the representative of ANT Lawyers discussed with Mr. Sullivan on issues concerning EU relating to EVFTA. The issues included: the employee’s rights, the balance between investment incentives and environmental protection, the challenges that the Vietnamese Government could face as well as the handling measures. In addition, Mr Sullivan has showed concerns in Vietnam’s legal system and how to fit in with common standards of European counties, to ensure the balance of information control and privacy. Mr. Sullivan also emphasized the compliance with the international principles. The representative of EU has recognized that this is the appropriate time for Vietnam and to EU countries members to proceed with the agreement because it would help address the current shortcomings.

Free Trade Agreement between EU and Vietnam is expected to reduce more than 90% tariff and create the most favorable conditions for exporting Vietnam goods to EU market and vice versa. Relating to European businesses, this is an opportunity for extending investment and accessing to new markets. Vietnamese could enjoy the high quality goods with cheap price. Relating to Vietnam businesses, EU is a very potential market when tariff is removed.

The Vietnam EuroCham delegation has represented more than 1,000 European companies to promote the signing EVFTA at European Parliament. ANT Lawyers law firm is honored to participate to discuss, contribute for the promotion of approval of the agreement. ANT Lawyers law firm is committed to bridge European companies to investment more in Vietnam and that Vietnamese companies should to enter European market through its reliable global law form networks.

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Change of Headquarter of Da Nang Immigration Department

As of August 2018, according to the project for rearranging the administrative function of the Government and the Ministry of Public Security, Immigration Department of Da Nang has been merged into Immigration Department of Hanoi. Therefore, the procedures related to entry, exit of Vietnamese citizens and foreigners such as issuing visa, exempting visa, temporary residence card, permanent residence in Da Nang shall be implemented in Immigration Department of Hanoi.

Immigration Lawyers in Vietnam

Relating to the dossier and procedures carried out at the Immigration Department of Da Nang such as issuing passport, temporary residence card, permanent residence, the application shall be submitted to Immigration Department of Da Nang. Thereafter, this agency shall transfer such dossier to Immigration Department of Hanoi for approval. Finally, the results shall be returned to Da Nang.

For most of immigration procedures which used to be implemented in Immigration Department of Da Nang, such as issuing visa, the applicant shall submit dossier directly to Immigration Department of Hanoi. The change could possibly add up processing time, and inconvenience if there is requirement for re-submission, amendment and supplement.

ANT Lawyers law firm offeroffices in both Hanoi and Da nang, there fore could facilitate the process for individuals and businesses to register entry, residence permit in Da Nang for the smooth experience, to assist foreigners entering Vietnam doing business, setting up company and making investment.

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Trade and Customs in Vietnam

Navigating the modern environment of international business requires companies that engage in the exchange of goods and services across international borders to be ever vigilant in addressing customs and import controls laws, including those related to border and supply chain security.  ANT Lawyers trade and customs practice works to ensure and optimize our clients’ cost- and time-efficient shipment of goods and services across borders, within the confines of the law.

International Trade Lawyers in Vietnam

We represent clients who engage in such diverse fields as:

-Customs brokerage, express delivery, freight forwarding, logistics and sea and rail transportation

-Apparel, beverages, consumer electronics, cosmetics, food products, footwear, home furnishings, luxury goods and paper products.

Businesses often overlook the fundamental importance of accurate tariff classification and appraisement as sources of potential duty savings and necessary compliance for imported products.   These are the “nuts and bolts” of any sophisticated customs and import controls practice, and our lawyers are well versed in this complex body of law to maximize duty savings and minimize customs penalties.

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The Essential Information on Certificate of Origin from Vietnam

According to Decree No. 31/2018/ND-CP guiding Law on Foreign Trade Management in terms of origin of goods: “The Certificate of Origin means a written form or other form of equivalent legal validity granted by competent authority belonged to country, group of countries or territories exporting the goods based on regulations and requirements of origin, specifying origin of this goods”.

Certificate of Origin Lawyers in Vietnam

We comprehend that the Certificate of Origin (hereinafter referred to as “C/O”) is certificate of goods origin issued by a country (export country) to confirm goods produced and distributed by this country in the export market in accordance with the rules of origin to create the most favourable conditions for goods importing to other country (import country) on tariffs. C/O is an important instrument in importing and exporting goods.

Functions of C/O

Tariff preferences: Determining the origin of goods help us differentiate the import goods enjoyed tariff preferences to apply the preference regime according to trade agreements as signed by the countries.

Anti-dumping duty and anti-subsidy duty application: In the event that goods is dumped or subsidized in the market of other country, determining the origin of goods shall make anti-dumping duty and anti-subsidy duty application possible.

Statistics of trade and maintenance of quota system: Determining the origin of goods make compilation on statistics of trade of country or area easier. On this basis, competent authority of trade can maintain the quota system.

 Category of C/O

Non-preferential C/O means a ordinary C/O confirming the origin of product from a specific country.

Preferential C/O means a C/O allowing the product eliminated or reduced from the country’s permission such as: Generalized Systems of Preferences (GSP), Commonwealth Preference Certificates (CPC), Common Effective Preferential Tariff (CEPT),…

 The Agency granting C/O

Ministry of Industry and Trade of Vietnam is the agency granting Certificate of Origin directly or authorizing Vietnam Chamber of Commerce and Industry (VCCI) or other organization to issue Certificate of Origin.

According to the prevailing law, the treaty signed by Vietnam and the provision of import country on Certificate of Origin, the Ministry of Industry and Trade stipulates the regulation on selection of trader, procedure of self-certifying the origin, obligation and liability of self-certifying the origin, inspection of the self-certifying of origin of goods exported by traders and remedy.

Process of issuing C/O

When applying for C/O for the first time, the trader shall have to submit dossier to competent authority.

Dossier includes:

– Request for Certificate of Origin;

– Form of C/O filled in full into 01 (one) original copy and 03 (three) copies. The original copy and one of the copies shall be sent to the Importer by the Exporter and the Importer shall submit such instruments to competent authority in loading port or unloading port. The second copy and the third copy shall be saved by the agency issuing this C/O and the Exporter respectively. In case of import country’s requirement, the applicant can request the Agency issuing this C/O to grant more than 03 (three) copies of C/O;

– The declaration of completing the customs procedure at competent authority (certified copy with signature of competent persons), excepting the case it’s not necessary for export goods to declare  according to the laws. The applicant of C/O shall have the right to submit this instrument no more than 30 (thirty) days from the date granting C/O in case of legitimate reasons.

If necessary, the agency issuing C/O may require the applicant to provide another instruments relating to export product such as: the declaration of importing material; the certificate of export; sales contract; VAT invoices; sample of material or product; bill of lading; air way bill and other instruments relating to origin of export goods..

Relating to enterprise participating eCOSys, all instruments shall be made by trader via electronic system and automatically transferred to agency issuing C/O. The agency issuing C/O  bases on electronic dossier to check validity information and grant C/O to trader as soon as receiving full dossiers in hardcopy.

The agency issuing C/O informs the result of submitting dossier via eCOSys no later than 06 (six) working hours from receiving validity electronic dossier.

The agency grants Certificate of Origin to trader no more than 02 (two) working hours after receiving application in hardcopy.

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What is the point of getting a trademark?

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

Trademark Lawyers inVietnam

Having the registration gives you a few more rights against an infringer than you would otherwise have. And, you are likely to get more money if you win an infringement suit in federal court if you are registered. Plus, if you are registered you are not limited in where you can sue for the infringement. (see the article for an in depth explanation of this)

Having the registration puts everyone in the US on notice that you own the mark and they cannot use it without repercussions. While you still have protections through the common law if you are the first to use the mark, you cannot guarantee that every person starting a business will know you exist and are using that mark. If it is registered, it will be found on the USPTO website and they’ll know its in use.

Having a registration makes your brand/company more valuable. Have you heard of licensing products or brand names for products? You likely won’t get any type of licensing deal with anyone if your mark is not registered and protected at the maximum level.

Those are just a few reasons why registration is so beneficial. Do I suggest anyone and everyone get a TM registration? No. It will depend on the type of company you are running, where you are, and some other factors. But, generally I think it is a great idea to register your mark at some point in your businesses life

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Some Modifications on Business Registration from October 10th, 2018

Decree no.108/2018/ND-CP amending and supplementing a number of articles of Decree No.78/2015/ND-CP effective from October 10^th, 2018 has provided many new procedures of business registration.

Law firm in Vietnam

The new decree stipulates clarification on some contents about the procedure on business registration, of which, the highlight are the procedures that do not to require the seal stamped on the dossier on business registration and that the power of attorney for a person whom establishes the company does not need notarization, authentication at Clause 1 and 2 of Article 1 Decree No. 108/2018/ND-CP.  In the past, due to the lack of clarification on the above matters, some competent authorities require to affix the seal on the dossier of business registration and request the notarization of the power of attorney.  These procedures created some troublesome in practice.

Another regulation that facilitate the business transaction is that previously enterprises can only set up business locations in the province or city under central authority where their head office or branch is located. It means that if an enterprise wishes to set up another business location where the office is located, it has to go through two procedures: setting up a branch first then setting up a businesslocation.  The procedure of setting up a branch is more complex more than the establishment of business locations.  With the changes in the decree 108/2018/ND-CP, enterprises are allowed to set up business locations in other provinces or centrally-run cities where their head offices or branches are opened. The scope of work is simpler and more cost-effective, the transactions of the place of business are accounted for by the parent company, thereby reducing the workload for the accountant of the company.

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How can I copyright my app?

If you are interested in obtaining copyright protection for a newly created app, you should be aware that copyrighting an app is likely eligible for two separate tiers of copyright protection. The process of copyrighting an app is actually automatic. Registering an app with the U.S. Copyright Office takes several steps. Copyright protections apply to works that are both published and unpublished, so please note to copyright your app it does not have to exist in the marketplace for the automatic protections associated with copyrights to apply to it.

Copyright in Vietnam

According to the U.S. Copyright Office, an eligible work attains automatic copyright protection “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.“ This means that original works of authorship like apps are copyright protected by default. But, many rights ordinarily associated with intellectual property protections may not be enforceable in court unless you or your company registers your copyrighted work with the government.

The Registration Process

Registering your app with the U.S. Copyright Office is generally a good idea because you will need to have done so in order to file a lawsuit in the event that another individual or business infringes upon your intellectual property protections. Registration also allows you to ensure that the details of your copyright registration become part of the public record, which may be advantageous for any number of reasons.

The copyright registration process is relatively straightforward. The U.S. Copyright Office provides creators with copyright application forms and fee-related details on its website. A copy of your work must be sent with your copyright application and is non-returnable. It is important to fill out the detailed copyright application completely and correctly or you will risk rejection of your registration. Any delay in registration approval may affect future intellectual property litigation. For this reason, it may be beneficial to have an attorney review your copyright registration application before you submit it. Taking this step will better ensure that your copyright application is approved upon its initial submission.

It is worth noting that you can protect your app in a variety of ways beyond copyright protection. For example, elements of your creation may benefit from patent and/or trademark protection. An intellectual property attorney will be able to advise you of what steps you may need to take in order to better ensure that your rights are fully addressed in the event of infringement. The app marketplace is competitive, so this risk is increasingly becoming a reality for app developers.

Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:

• Advise legal matters of copyright and related rights in Vietnam and abroad;
• Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;
• Complete the applications and file to register copyright and related rights;
• Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

Learn more about ANT Lawyers IP practice, experience and team members here;

For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call  +84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

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Is it necessary to register a idea?

An idea is an intangible concept, but If you believe it could be a valuable asset to a person or business, you should treat it as intellectual property consider the many routes to patent an idea. Patents are valuable for protecting an idea and your inherent intellectual property rights.

Vietnam Patent 

Intellectual property is generally broken into four categories:

Trade Secret

Patent

Trademark

Copyright

Of these forms of intellectual property protection, trade secret most closely related to the protection of an idea. Common law protects information (including ideas) that have value to a company as well as your intellectual property rights to own and use the concept. Basically, the idea must have some economic value, not be generally known to the public, and subject to protection by the company.

Patent rights relate to protection an invention, such as a process, machine, or composition of matter that is novel, non-obvious, and (in the case of a utility patent) useful. While these relate to a physical creation, the patent rights apply to the claimed attributes of the invention. In this way, it could be said that a patent relates to the protection of an idea that has materialized.

Trademark concerns any symbol, mark, word, phrase, or sound that comes to represent a business’s products, services, or brand. It is only loosely related to the concept of protecting an idea.

Copyright concerns the recording of original, creative expressions. The creative expression might be a novel way of saying something. This concept is related, but still distinct from the idea itself.

Trade Secret Protection for an Idea

Trade secret protection covers formulas, processes or methods, or compilations of information, and can be effective when trying to patent an idea. These intellectual property rights allow you to take action ifthe informationis misappropriatedor used without consent. Of course, if a third party is able to figure out the information on their own, then there is no misappropriation. Perhaps some of the most well-known trade secrets are Coca-Cola’s formula and KFC’s secret recipe. Most businesses have client lists or other compilations of information that constitute trade secrets.

The major benefit of trade secret protection is that the protective rights continue indefinitely. The rights in the information are lost when the information becomes commonly known or the company stops taking reasonable steps to protect the information.

Utility Patentfor an Idea

Inventors often begin with an idea. To seek utility patent protection of that idea, the inventor must demonstrate how the idea can be transformed or assembled into a novel, non-obvious, and useful invention. The claimed elements of the invention that bear these characteristics are really physical representation of the idea itself. That idea must not have been commonly known to the public at the time of filing for patent protection. A design patent regards the ornamental or aesthetic elements of an article of manufacture. In this way, the patent rights protect a design concept or idea.

Consultan Intellectual Property Lawyer

Determining whether an idea can be protected is the most difficult aspect of intellectual property law. It is very difficult to show the novelty or uniqueness of a creation. Nonetheless, the USPTO issues thousands of patents every year to creators. At the same time, it issues thousands of rejections to applications. Don’t try to navigate this legal maze alone. The experienced intellectual property lawyers at ANTLawyers.vn are both experienced and affordable. They can provide support in identifying creations that are capable of intellectual property protection, securing those intellectual property rights, and providing on-going protection of those rights.

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What is difference between copyright and patent?

When an individual or business creates something new, it Is important to protect that unique design, product, logo, name, art or work of authorship. Most individuals and businesses are aware that legal protections exist for new inventions and creations. But not everyone is sure exactly what kinds of protections they need in order to ensure that other individuals and businesses do not infringe upon the fruits of their labor. Though both are popular and well known, what is the difference between copyright and patent?

 Vietnam patent 

Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.

What Falls Under Copyright Protection?

Unlike patents, which protect physical inventions, new designs for existing products and certain discoveries, copyright protection coversoriginal works of art and authorship when expressed in tangible mediums. Literary, artistic, musical and dramatic works of art are protected via copyright. In addition, computer software and architecture may be protected by copyright as well.

An important difference between copyright and patent is that copyright protections are granted automatically. You do not need to file for a copyright per se, as copyright protections apply, “the moment (a work) is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device” according to the U.S. Copyright Office. However, you cannot generally file suit protecting your work against infringement unless your copyright has been registered with the USCO. The USCO highly recommends registering one’s artistic work because absent this process, copyright protections cannot generally be effectively enforced.

What is Covered by Patent Protection?

 There are three primary kinds of patent protectionavailable to businesses and the general public. Plant patents protect new asexually reproducing plant species and hybrids. Utility patents protect new products and processes, while design patents protect new design elements integral to existing manufactured products or processes. In general, works eligible for patents are novel, non-obvious and useful, but some exceptions to this rule may apply.

It is worth noting that unlike copyright protections, no patent protection is granted automatically upon the creation of a product or process. Therefore, it is imperative that inventors and businesses formally apply for patent protection as soon as their work is prototyped and capable of reproduction.

Consult an Intellectual Property Attorney

 If you are interested in registering a work of art or authorship or patenting a product, process, design or discovery, please consider reaching out to an knowledgeable intellectual property attorney in Vietnam. We have extensive experience aiding both individuals and businesses in obtaining the intellectual property protections that their works are eligible for. The registration process and patent application process are detailed and are often difficult to navigate. Filling out even a single section of paperwork incompletely or incorrectly can result in rejection. Let our team help you get this process right the first time around in order to better ensure that your work is safeguarded from infringement as soon as it becomes eligible for protection.

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