INTELLECTUAL PROPERTY LAW CONSULTING LAWYER SERVICES

Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyrights, copyright-related rights, industrial property rights and rights to plant varieties.

Intellectual property includes the following subjects:

• Copyright: literary, artistic, scientific works;
• Copyright-related rights: performing, recording, video recording, republishing, communicating works;
• Industrial property rights: trademarks, inventions, industrial designs, semiconductor integrated circuit layout designs, trade secrets;
• Rights to plant varieties: new plant varieties, protected plant varieties.

Conditions for protection of intellectual property rights are specified for each object. However, in general, the conditions for intellectual property protection include:

• Originality: for copyright, the right related to authorship;
• Novelty: for invention;
• Creativity: for industrial design, semiconductor integrated circuit layout design;
• Distinctiveness: for brands;
• Exclusivity: for new plant varieties.

Procedures for registration of intellectual property rights are specified for each object. However, in general, the procedure for registering intellectual property rights includes the following steps:

• Submit an application;
• Formal appraisal;
• Content appraisal;
• Announcement of registration application;
• Grant of protection certificate.

Protecting intellectual property rights means individuals and organizations that use measures permitted by law to protect their intellectual property rights and have the responsibility to respect the intellectual property rights of other organizations and individuals.

Measures to protect intellectual property rights include:

• Self-protection measures
• Administrative measures: sanction administrative violations;
• Civil remedies: sue in court;
• Criminal measures: criminal prosecution.

According to the provisions of the Intellectual Property Law 2005, copyright owners and owners of rights related to copyright have the right to transfer their ownership rights to other organizations and individuals according to the contract.

The copyright and related rights transfer contract includes the following main contents:

• Full names and addresses of the transferor and transferee;
• Transfer basis;
• Price, payment method;
• Rights and obligations of the parties;
• Liability for breach of contract.

Copyrights and copyright-related rights that can be transferred include:

• Moral rights of the author, specifically: Publish the work or allow others to publish the work;
• Property rights;
• Performers’ property rights ;
• Rights of producers of audio and video recordings;
• Rights of broadcasting organizations

In case a work, performance, audio recording, video recording, or broadcast program has co-owners, the transfer must be with the agreement of all co-owners; In cases where there is a co-owner but the work, performance, audio recording, video recording, or broadcast program has separate parts that can be separated for independent use, the copyright owner, the owner Related rights holders have the right to transfer copyright and related rights for their separate parts to other organizations or individuals

Transfer of the right to use an invention is the fact that the owner of an invention allows other organizations or individuals to use their inventions under certain conditions. Transfer of patent rights can be done in one of the following two forms:

• Patent use license: The patent owner allows other organizations and individuals to use his or her invention for a certain period and under certain conditions.
• Transfer of rights to use an invention: The patent owner transfers all or part of the right to use his or her invention to another organization or individual.

Các quyền sử dụng sáng chế có thể được chuyển giao bao gồm:

• Right to manufacture patented products: The right to manufacture products according to the patent manufacturing process or manufacture products containing inventions.
• Right to use the patented product: The right to use the patented product for commercial or non-commercial purposes.
• Right to sell patented products: The right to sell patented products to other organizations or individuals.
• Right to export and import patented products: The right to export and import patented products.
• Right to use inventions in research and development activities: The right to use inventions in research activities, development of new products and processes.

According to the provisions of the Law on Intellectual Property 2005 (amended and supplemented in 2009), a trademark may be canceled in the following cases:

• The applicant for registration has no right to register and is not entitled to transfer the right to register a trademark;
• The subject of trademark registration does not satisfy the conditions for protection at the time of granting the protection certificate.
• The trademark is invalidated at the discretion of the competent state authority.

The contents of VPL’s intellectual property law consulting services include the following issues:

• Consulting on intellectual property law regulations, including protected subjects, protection conditions, scope of protection, protection registration procedures, rights and obligations of rights owners Intellectual Property

• Consulting on intellectual property protection registration: Consulting on selecting protection objects, analyzing protection capabilities, preparing protection registration documents, submitting protection registration documents, monitoring the process Processing protection registration documents.

• Consulting on the use of intellectual property rights: Consulting on how to use intellectual property rights, measures to protect intellectual property rights, legal issues that arise during the use of intellectual property rights wisdom.

• Consulting on resolving intellectual property rights disputes: Consulting on methods of resolving intellectual property rights disputes, procedures for resolving intellectual property rights disputes, measures to protect property rights intelligence in the dispute resolution process.

• Consulting on other legal issues related to intellectual property law.

VPL has a team of professional lawyers with extensive experience in advising on issues related to enterprise activities of enterprises. Therefore, upon receiving the request of the enterprise, within 2 working hours, the lawyer will advise the client through forms such as phone, email, issuing legal opinions in writing,… For complex things, that need time to study documents, the Lawyer will notify the time to respond to the consulting opinion of the enterprises.

After receiving dossiers and requests of enterprises, within 2 working hours, VPL will advise customers through forms such as phone, email, issuance of legal opinions in writing,… For complex things that need time to study documents, VPL will notify the time to respond to consulting comments to enterprises.

Depending on the needs of customers, VPL will offer reasonable consulting and support fees.

Using intellectual property law consulting services for businesses has the following benefits:

• Minimize legal risks: Lawyers are people with knowledge and experience in the field of intellectual property law, can advise businesses on legal issues related to intellectual property rights, helping businesses avoid legal risks during operation.
• Strengthening intellectual property protection: Lawyers can help enterprises select suitable protection objects, make protection registration dossiers in accordance with regulations, monitor the processing of protection registration dossiers, help enterprises protect their intellectual property rights effectively.
• Save time and costs: Lawyers can help enterprises carry out procedures related to intellectual property rights quickly and efficiently, helping enterprises save time and costs.

Forms of intellectual property law consultancy for enterprises include:

• Written consultation
• Consulting directly at the company
• Consulting via phone, email,…
• Consulting through software and applications

The use of intellectual property law consulting services by experienced lawyers is essential to help enterprises effectively protect their intellectual property rights, avoiding legal risks during operations. Enterprises should use intellectual property law consulting services, especially enterprises in fields such as: Enterprises operating in the field of creativity, trade in services, enterprises operating in the international market,…

VPL understands that business information is a valuable asset and needs to be protected, so VPL is committed to protecting information for enterprises. VPL commits to use business information carefully and confidentially, only for consulting purposes and not to disclose to any other third party without the consent of enterprises

When enterprises encounter legal problems, VPL will advise businesses according to the following steps:

• Step 1: Receive information from the enterprises
• Step 2: Analyze legal issues
• Step 3: Consulting for enterprises
• Step 4: Support businesses and customer representatives to implement legal solutions

VPL will advise you comprehensively and accurately, based on the knowledge and experience of VPL’s experienced lawyers. VPL will always listen and understand the needs of enterprises to offer the most suitable legal solutions.

VPL provides legal consulting services for enterprises nationwide.

VPL has a team of experienced lawyers and experts who can communicate and consult directly in languages such as English, Chinese, Korean,….

When using VPL’s services, customers must advance 50% of the service value immediately after the two parties sign the Legal Services Contract.

When customers use VPL’s services, VPL will issue full invoices and documents according to the provisions of the Law on Tax Administration.

In case VPL fails to complete the work as agreed upon in the Contract, VPL will refund the full amount received from the customer, unless the customer unilaterally terminates the Contract illegally.

When customers use VPL’s services, the two parties will sign a Legal Service Contract which clearly states the scope of work, service fees, rights and obligations of the parties, work results and other terms as prescribed by law.

The difficulties when the company is not familiar with intellectual property laws are:

• Risk of infringement of intellectual property rights of others: When the company is not familiar with intellectual property laws, the company may inadvertently use the intellectual property objects of others without permission, leading to the violation of that person’s intellectual property rights. Acts of infringement of intellectual property rights may be subject to administrative penalties, criminal prosecution, or claims for compensation for damages.

• Loss of competitive advantage: When the company does not understand intellectual property laws, the company may miss the opportunity to register for protection of its intellectual property objects, leading to the loss of competitive advantage in the market.

• Time-consuming and costly: When the company is not familiar with intellectual property laws, the company may erroneously carry out procedures related to intellectual property rights, leading to loss of time and cost.

• In the creative field: When the company does not understand the intellectual property law in the creative field, the company may encounter difficulties such as: Risk of copyright infringement, related rights of others, Difficulties in registering for protection, management and exploitation of works, his composition.
• In the commercial field: When the company does not understand the intellectual property law in the commercial field, the company may encounter difficulties such as: Risk of infringement of trademark rights, geographical indication rights, trade name rights,… others, Difficulties in registering protection, managing and declaring trademarks, geographical indications, trade names,…

• In the international field: When the company is not familiar with intellectual property laws in the international field, the company may encounter the following difficulties: The risk of infringing the intellectual property rights of others abroad. Difficulties in registering protection and enforcement of intellectual property objects abroad.

Some notes when choosing intellectual property law consulting services:

Intellectual property law consulting is a complex field, requiring extensive professional knowledge and experience. Therefore, choosing a reputable intellectual property law consultant is very important. Here are some notes when choosing an intellectual property law consultant:

• Expertise: Intellectual property law consultants need a team of lawyers and experts with expertise and experience in this field. They need to master the provisions of the law on intellectual property, and be able to advise and answer customers’ questions accurately and fully.

• Experience: Intellectual property law consultants need to have practical experience in consulting and solving intellectual property-related issues. They need to be able to accurately assess the situation, come up with appropriate solutions for each specific case.

• Prestige: Intellectual property law consultants need to have a reputation in the market. They need to be appreciated by customers for the quality of service, service attitude.

• Cost: The cost of intellectual property law consulting services may vary from unit to unit. You need to refer to the cost of many different units to choose the unit with the right cost for your budget.

• Geographical location: If you need to meet directly with a lawyer to discuss and advise, you need to choose an intellectual property law consultant with an office near you.

To use intellectual property law consulting services, enterprises need to prepare some of the following contents:

• Business information: Includes business name, head office address, phone number, email,…
• Issues to be consulted: Enterprises need to clearly state the issues that need advice, including specific problems, questions, difficulties that businesses are facing.
• Relevant documents: If there are documents related to the issue that need advice, enterprises need to provide them to the law firm to support the consultation more accurately and effectively.