How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form. Copyright in Vietnam  -If you sketch an illustration on a cocktail napkin, it’s copyrighted. -If you take a photograph with a camera, it’s copyrighted. -If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted. -If you make up a new tune and record yourself whistling it, it’s...

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How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn't necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented. Register patent in Vietnam Along with the...

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Is it possible to trademark a brand name if it's similar to one that exists?

In the United States, the key is determining whether there is a likelihood of confusion. In other words, are consumers likely to believe that the goods are made by the same person. Similarity of the marks is just one factor. Another important factor is the relatedness of the goods. If the goods are wine, for example, and you want to use a similar mark on a wine, then there would be a greater likelihood of confusion. If, however, the goods are orthopedic...

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Vietnam Set to Develop E-commerce and Target 55% of the Population to Shop Online

On May 15, 2020, the Prime Minister issued Decision No. 645/QD-TTg approving the National Master Plan on e-commerce development in the 2021-2025 period aiming to develop e-commerce business area through changing in policy, creating favourable environment, increasing government spending, and attracting investors participating and setting up business in developing e-commerce in Vietnam to transform the economy toward industry 4.0. Specifically,...

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How to Register Mobile Application in E-commerce in Vietnam?

The service conducted via mobile applications is no longer a trend, but actually it has become an essential tool for any business that wish to grow and compete in the marketplace. E-commerce applicationson mobile platforms, referred to as mobile applications, are applications installed on networked mobile devices that allow users to access databases of other traders, organizations and individuals to purchase, sell, or use services, including sales...

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Copyright in Vietnam  Those rights include: -The right to reproduce the work -To prepare derivative works -To...

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How Vietnamese Companies Could Register Trademark in USA?

In order to expand business to the world market, the company should prepare the legal foundations before entering the foreign market or launching any products or services in another country. Many Vietnam companies aims to enter US market but there are opportunities and challenges.  One of our many issues are legal risks in intellectual properties protection law of the US. It is suggested the Vietnamese companies to consult with IP lawyers...

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“First to File” Principle in Intellectual Property Registration

First to file principle is one of the two principles in protecting industrial property besides priority principle. Accordingly, in case many applications are filed for registration of the same invention or similar inventions, or for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among...

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What is the meaning of trademark?

What is a Trademark? A Trademark generally refers to a “brand” or “logo”. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. Trademark in Vietnam Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality. It...

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Which Areas Are Incentivized For Investment in Vietnam Under Decree No. 37/2020

Investors are always interested in areas which government incentivize for investment in Vietnam, to enjoy benefits i.e. tax reduction, tax exemption, land usage…which give them some help to grow the business in areas which are not economically potential without the help from the government when setting up company in Vietnam. According to the regulations on business investment in Vietnam in Decree No.118/2015/ND-CP, investment...

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