ANT Lawyers IP Services

ANT Lawyers is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

ANT Lawyers offers the following service ranges:

Prosecution:

  • Searching (trademark searches, design searches)
  • Drafting applications (patents, utility models, trademarks)
  • Monitoring third party application activities
  • Filings (convention priority and national/regional phases filings)
  • Translations
  • Oppositions and appeals
  • Grant and registration procedures
  • IP Recordals

Litigation:

  • Nullity actions
  • Cancellation proceedings
  • Court actions
  • Counterfeits and cross-border action

IP contracts:

The law firm of ANT Lawyers assists clients in drafting and negotiating agreements related to patents, trademarks, domains, software, know-how and other intellectual property rights including but not limited to licensing agreements, non-disclosure agreements, IP sales/purchase agreements, and assignment contracts.

ANT Lawyers Forms

ANT Lawyers can be given authorization by the Clients to act as IP representative in Vietnam.

Power of Attorney to ANT Lawyers in Vietnam

ANT Lawyers Representative Clients

ANT Lawyers is one of a few professional law firms operating in the field of intellectual property in Vietnam as registered Intellectual Property representative approved by National Office of Intellectual Property.  We combine legal expertise in the area of intellectual property procedure and protection.

To be member of International Trademark Association (INTA), Asian Patent Attorneys Association (APAA) and Vietnamese Intellectual Property Association (VIPA), we provide professional legal and IP services for international clients

Teral Joint Stock Company;

AKME-Engineering JSC;

Nanotech Co., Ltd;

GRASSCRETE Limited;

VAKOPEC Inc.;

RENA Biotechnology;

Hong Dang Co., Ltd;

PNV;

Innovative Technologies;

and many other individual inventors.

Up to now, we have represented our clients in handling and filing application to register for trademarks, patent, industrial design and utility model as well as providing useful advice and optimal solutions for their problems in Vietnam.

With highly professional staff of leading experts in the field of Intellectual Property, who have great experiences and knowledge of Vietnamese legal structure, we will be available to fully assist our clients to process their IP registration and enforcement in Vietnam.

Our business strategy is driven by customers’ needs and our focus on our clients. We help clients to overcome cultural barriers and achieve their strategic and financial results, and in the meantime ensure best interest protection, risk minimization, and regulatory compliance.

Considering the value of our services, ANT Lawyers has been rated as an exclusive Vietnam law firm member of Prae Legal and international recognition by IFLR1000 and Legal500.

ANT Lawyers IP FAQ

1.HOW TO REGISTER INTERNATIONAL PATENT THROUGH PCT IN VIETNAM

The procedure of PCT registration in Vietnam shall be applied to the NOIP

The NOIP shall have responsibilities as follow:

a. Receive international applications originating in Vietnam;

b. Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation Treaty – PCT (hereinafter referred to as the Treaty);

c. Check whether or not the fees are paid on time;

d. Check and process international applications originating in Vietnam under the Treaty;

e. Identify objects sought to be protected: If objects sought to be protected of applications are classified as national secrets, next steps shall not be performed and paid fees shall be refunded to applicants, except for the fees for sending and copying international applications;

f. Send a copy (file copy) of an international application originating in Vietnam to the International Bureau and another copy (search copy) to the International Search Office;

g. Send and receive mails to/from applicants and the International Bureaus.

Languages

International applications originating in Vietnam and being filed to the NOIP must be in English. An application shall be made in 03 copies.

For applications with insufficient copies, the NOIP shall make additional copies and applicants shall pay the copying fee.

International register

International applications designating Vietnam

a. If an international application designates Vietnam, the NOIP is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following:

  • Written declaration requesting invention registration, made according to a set form (as form No. 01-SC of appendix A of Circular 01/2007/TT-BKHCN);
  • Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);
  • Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy  and explanation of modified contents, if the international application has been modified under Article 19 of the Treaty);
  • National charges and fees.

b. International applications filed with the NOIP within 06 months after the expiration of the time limit may be accepted on the condition that applicants pay the prescribed charges and fees.

International applications electing Vietnam

a. If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

  • Written declaration requesting invention registration, made according to a set form (as form No. 01-SC of appendix A of Circular 01/2007/TT-BKHCN);
  • Vietnamese translation of the international application: The description, consisting of a description  section, protection request, annotations for drawings and abstract (the published copy or initially filed  original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or  Article 34(2)(b) of the Treaty);
  • Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);
  • National charges and fees.

b. International applications filed with the NOIP within six months after the expiration of the time limit may be accepted on the condition that applicants pay the prescribed charges and fees.

2.WHAT IF THE INTERNATIONAL TRADEMARK REGISTRATION IS REJECTED IN VIETNAM BY THE NOIP?

The procedure to register a trademark in Vietnam is carried out in The National Office of Intellectual Property of Vietnam (NOIP). The duration calculated from the full receipt of the dossier to the announcement is at least 12 months, or it can be expended from 16 months to 18 months.

However, in many cases, The National Office of Intellectual Property of Vietnam (NOIP) can send a notice on its intended refusal of the trademark application because of the following reasons:

  • There are grounds to affirm that the subject matter stated in the application does not fully satisfy the conditions for protection;
  • If there are more than one registration applied in the same time with full conditions to issue the protection title, but your application is not the first.

After receiving the refusal intention notice, applicants and all organizations and individuals having rights to reject the notice within 02 months, this duration can be extended one time, the extended time is 02 months.

If reasons in the notice is not correct and the applicant does not agree with the notice, within the duration, the applicant can send written comment to NOIP, in which display the applicant’s comment, submit supplemental documents and proof to support.

After receiving the written comment, NOIP shall re-examine before issue the final decision.

The time limit for re-examination of applications is equal to two thirds of the time limit for examination; for complicated cases involving many circumstances which need to be verified or requiring expert opinions, that time limit may be prolonged but must not exceed the time limit for examination. Re – examination is only carried out one time.

However, in many cases, the applicant cannot display convincing arguments or reliable proofs, that makes NOIP does not agree and keep their own intention to refuse issuing the protection title. Therefore, when receiving intention notice to refuse issuing protection titles, applicants should find legal advice from consultants who have experience in intellectual property.

3.OPPOSITION OF APPLICATIONS FOR REGISTRATION OF THE MARK PROTECTION

Vietnamese law on intellectual property allows any third party to have right to denounces the opposition of trademark applications for registration which have identical or confusingly similar signs. As from the date an application for registration of mark is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

Opposition to trademark applications plays a great role for the protection of trademark owner that prevents counterfeiting, duplication, infringement and trademark registration in contravention of law.

Documents:

– 01 POA (as form)

– Documents and evidences to prove the opposition bases. (ANT Lawyers IP Practice would like to consult you specifically and particularly about the evidences and documents)

Opposition procedures

+After receiving a disapproval application for registration of mark, National Office Intellectual Property has a dispatch to answer the disapproval application within 10 working days from date received a dossier. National Office Intellectual Property also sends disapproval opinions to owners of application for registration of mark protection.

+ Owners of application for registration of mark protection has opinions about this disagreement and give proofs that the application for registration of mark protection is suitable with requirement of Intellectual Property law

+National Officer Intellectual Property is pursuant to argument, proof and regulation law of parties for agree or refuse to grant a protection title

Opposition dossier includes:

+ Disapproval declaration (02 copies following form)

+ Explanation documents for disagreement of protection title issue

+ Attachment proofs.

+Power of attorney (if an application is filed through representative of owners mark)

+Fee, charge vouchers relating disagreement following regulations in law.

A third party pays VND 550 000 fee for NOIP to require disagreement for granting certificate of registration of mark.

Duration

There is no duration stipulation in Vietnamese law. As our usual, NOIP will take from 6 months to 9 months to examine.

Contact ANT Lawyers for IP Services

provided by IP qualified consultants and lawyers, supported by field experts

via email ant@antlawyers.vn, office tel +84 4 32 23 27 71 or talk to our partner directly at + 84 912 817 823.

STRATEGIC INTELLECTUAL PROPERTY SERVICES

Patent Filing (99% successful)
Patent Litigation Cases (80% successful)
Trademark Filing (99% successful)
Trademark Responding to Refusal (80% successful)
Copyright Registration (90% successful)
Copyright Dispute Handling (80% successful)
Transactions (more than 500 cases completed)
Licensings (more than 400 cases completed)
Joint-venture (more than 100 cases completed)

Intellectual property law is the vital tool in the creation and protection of business assets.  We, a local law firm with specialization in IP understand how importance such assets to our clients’ business when they are expanding internationally.

Our intellectual property practice at ANT Lawyers helps clients to protect, and profit from their intellectual assets in Vietnam.

ANT Lawyers is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

OUR TEAM

Hoang Phan, PhD, Chemistry Engineering

Hoang spent 4 years at Chungnam National University, South Korea and obtained PhD in Chemical Engineering.  He has knowledge and experience in Microfluidic system and Chemical syntheses.  He co-published many researches in the same areas on  Lab Chip,  Journal of the American Chemical Society, Chem. Commun., RSC Advances,  Appl. Biochem. Biotechnol., Chemical Engineering Journal.

Hung Pham, obtained PhD in  Food Chemistry and Biotechnology from BOKU University, Vienna (Austria), and obtained Master in  Industrial Management Daegu University, Daegu (South Korea), and Engineer in Automatic Control from Hanoi University of Science and Technology, Hanoi in automatic control systems.  Hung is also Lecturer and Head of Technical Services Center of Training at Department of Food and Biological Processes and Equipment, School of Biotechnology and Food Technology, at University of Science and Technology, Hanoi (Vietnam).

Tuan Nguyen, IP Consultant – Partner

Mr. Nguyen is a qualified lawyer, under Hanoi Bar Association in Vietnam with training and experience in Intellectual Property practice.  He has graduated the law school of Hanoi National University, School of Law with graduation thesis focusing research on Intellectual Property subject being industrial rights in Vietnam through Vietnam IP laws since 2002.  In practice, he has advised a number of clients in various matters and transactions for protection of IP rights in Vietnam including AKME Engineering, leading nuclear engineering company from Russia for patent, Grasscrete, a leading construction materials from UK for IP rights infringements, Vakopec, a leading pain company from US for IP rights transfer in Vietnam.

Ha Nguyen, IP Consultant – Team Leader

Mrs. Ha Nguyen is a qualified IP consultant at Vietnam National Office of Intellectual Property (NOIP) whom has been advising numerous foreign IP companies and individual clients, filing on their behalf trademarks, patents, industrial designs and oppositions, cancellations at NOIP; handling infringements at NOIP, provincial level Market Control, respective departments at Vietnam Ministry of Science and Technology to protect the IP rights of foreign and domestic companies in Vietnam.

Supported by team of 6 IP qualified consultants.

ANT Lawyers is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We are representing and advising clients being multinationals, inventors, global partner law firms serving their clients in IP works in Vietnam.

Let ANT Lawyers help your business in Vietnam.