VIENAM - CAMBODIA - LAOS - MYANMAR
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It’s more than about the history and past achievements. It’s about the things that are being and woudl be built on the foundation laid. |
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In the spring of 2007, Minervas was born by silent but determined and creative lawyers and IP agents. With their experiences and a fresh wind from overseas, the founders wanted to serve their clients more effectively and efficiently by dealing with the legal problems their clients would face in the simplest possible way.
For more than seventeen (17) years, the motto has remained unchanged. The lawyers have been worked hard, tirelessly, and diligently to make their clients' legal issues as simple as possible serving their client honestly and faithfully.
Nowadays, the lawyers at Minervas are not working but enjoying serving clients. Working for joy in these modern times? The answer is “Yes”. Your don't have to enjoy the things you love, do you? _____________________________
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The award to be announced by the magazine in early new year of 2025. Getting an achievement award is really nice but not our end goal. WINNING CLIENT HEART AND CONTRIBUTING TO THEIR SUCCESS WOULD MAKE US ULTIMATELY HAPPY. |
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Can we say goodbye to physical paper registration certificate? The answer is Not Yet. We are all moving to a world of less paper. However, this is not the case of IP Rights registration certificate (e.g. patent, industrial design patent, trademark registration certificate). The reason is that registration certificates in electronic forms are still not available. Holders of registration certificates still have to submit the original physical paper registration certificate to local IP Office, for example, in the case of recording of a change of name, or address, or in the case of recording of assignment. What can you do if your office is paperless having no space for keeping the paper registration certificate? In case of need, you will have to request the local IP Office to reissue it by paying an official fee. That means you will have to keep the paper registration certificate or to pay a fee until registration certificate becomes available in an electronic form. |
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Client name not to be disclosed The code of ethics by Vietnam Bar Association and elsewhere in the world prohibits a lawyer from disclosing his client information. Will client name be included? It is widely agreed that it will. In other words, ethically it is improper to disclose the name of a client without the latter’s consent. At Minervas, lawyers have strictly adhered to this code of ethics keeping client name confidential since its foundation. No wonder they can enjoy client trust around the world. |
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Vietnam IP Office does not issue certificate of registration of marks filed in Vietnam under Madrid System. Registrtion certificate is available only for mark filed nationally. In the case of need, holder of an International Registration may request Vietnam IP Office to issue a letter certifying its protection status in Vietnam; Holder of an International Registration can not know exactly what elements in its mark are ex officio considered by Vietnam IP Office to be non-distinctive, and hence are not subjet to protection (disclaimed) without approaching the latter. Whereas such disclaimed components are expressly printed in certificate of registration granted to a national filed mark. A registration will be vulnerable to cancellation action by a third party on the grounds 5 years of non-use following the date of grant of protection. Holder of an International Registration generally can not know exactly the date of grant of protection of its mark in Vietnam without approaching Vietnam IP Office. |
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The Hague System is widely known for its Pros: Global (Protection in over 90 countries), Streamlined (One international application can include up to 100 designs), Economical (Save time and money thanks to the single application framework), and Centralized (Easily manage your international design registrations directly with WIPO). But not many are aware of its possible Cons caused by possible incompatibles of the international application with local requirements during its substantive examination. The common issues that applicant of an international applicant may face is that the description of the design under the international application fails to comply with local regulations which require a more comprehensive description. Another common issue is that while intellectual property (IP) offices of many countries allow partial protection resulting in the other parts of the design being represented with broken-lines, local IP Office only allow protection of a whole design of a complete article. That means no broken-lines will be allowed. All of the shortcomings will have to be fixed when during substantive examination at the local IP Office. |
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INTA Certificate of Membership In May 1999 the founder of Minervas attended the INTA’s 121st annual meeting for the first time in Seattle, Washington. For Twenty-Five Years, (don’t mistake it for "After Twenty Years" which is the name of a well-known short story written by O. Henry), lawyers at Minervas have not only witnessed the developments within the organizations, kept abreast with the world around, and practiced the profession, but also enjoyed meeting colleagues and making new friends. The certificate would remind you of a new chapter in your life, a starting point of you swimming downstream feeling a helping help of the people within the community, and at the same time, of you giving a help to the others. It feels great, doesn’t it? |
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Our heartfelt condolences and sympathies to families of the victims, injured and those who are affected the recent heavy rains, flash floods and consequent landslides caused by Typhoon Yagi of September 7, 2024. Our prayers are with those who are still missing as a result of this natural disaster. We pray for their early and safe recovery. We wish you all speedy recovery. Together we will overcome this natural calamity. |
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Will a letter of consent help you to overcome a conflicting prior mark? Not necessarily. The Intellectual Property Office of Vietnam is giving less and less weight to a letter of consent to registration of a subsequent similar mark. In the past, a letter of consent would be sufficient in most cases. Nowadays, not causing confusion to consumers as to the sources of goods and services would be a priority. In addition, that IP Law does not mention such a letter of consent would make examiners more cautious taking it into consideration Surprisingly, a letter of consent could not help either even if the parties are related ones. |
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“PLATINUM” found descriptive for beer Hanoi Vietnam September 2024: “PLATINUM” which is the name of an extremely valuable silver-coloured metal, used in jewellery and in industry, is found descriptive for beers in international class 32 by the Intellectual Property Office of Vietnam (IP Vietnam). On that ground, IP Vietnam has rejected an opposition filed by holder of a registration for trademark consisting of prominent term PLATINUM and a design against subsequent marks filed by another entity for beer in international class 32. Accordingly, no breweries may have the exclusive right to use this terrm. |
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Assignment of a national registered trademark being the name of assignor may not be recorded Many businesses have been denied recording of assignment of a national registered trademark by local TMO for an unexpected reason: The assigned trademark is the very assignor’s name. The local TMO fears that the assignor continues doing business with the corporate name may cause confusion to consumers. The conditions for local TMO to record such an assignment: The assignor cease to exist; or the assignee acquire the assignor’s business; or the assignor change it corporate name. Neither of the conditions can be easy to meet so assignee may have to renounce the trademark registration and assignee refile the same. It would take additional time and not without risk. In the meantime, recording of a trademark registered in Vietnam under Madrid System would not face such issues at least at present. It is because WIPO IB but not local TMO is responsible for recording of a trademark registered in Vietnam under Madrid System. Local IPO so far does not raise obstruction of this kind against WIPO’s recording of assignments. |
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A Pro & a Con of using the Madrid Protocol for Vietnam trademark applications from a time perspective. PRO: Local TMO will have no more than 12 months to make examinations results of an application filed through Madrid Protocol available regardless of whether the mark is opposed by a third party or not. To compare: It would take up to 2 years for local examiners to review a national application. In the case of opposition, it could take a few years more. CON: If and when an obstruction raised by TMO, whether on the absolute grounds or relative ground, and whether it is slight or severe, it would take a few years for the already overloaded examiners to be able to start to review a response. To compare: in the case of a national application, it could take less time for the examiners to review a response to. |
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Wheatfield with Crows by Vincent van Gogh - July 1890 |
It seems that lawyers and IP agents and arts are strangers. How can you find time to enjoys this kind of luxury things serving your clients around the clock. Do arts have any connection with patent, industrial design, trademark? “Art stirs your emotions and makes you feel alive, it inspires you. Art takes you on a journey - to places you've never been, never likely to go - and sometimes would never want to go to. With art we can live vicariously through others love, grief, pain and joy. Without art we are just hollow vessels.” “The purpose of art is washing the dust of daily life off our souls”- Pablo Picasso |
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A patent granted elsewhere and its PCT applicaiton in Vietnam When the applicant is granted a patent for a PCT application by a patent office such as USPTO, JPO, EPO, IP Australia...., there would be a good chance that its application will be granted a patent in Vietnam too provided that the applicant amends its application in Vietnam to the corresponding patented one, and remove those unpatentable claims such as use claims, methods for diagnosing and treating diseases. Sometimes, local examining attorneys at their discretion would suggest that applicant make such an amendment for facilitating grant of patent. It is interesting that there will be no official fees for amending an application for a corresponding one filed in another country unless applicant makes additional amendments. |
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July 12, 2024: Copyright infringement - How Are Damage Amounts Determined? March 21. 2024: Appellate Court’s decision on a lawsuit filed by VCPMC (Vietnam Center for Protection of Music Copyright) against VietArt (Vietart Communication Joint Stock Company). |
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March 21. 2024: Appellate Court’s decision on a lawsuit filed by VCPMC (Vietnam Center for Protection of Music Copyright) against VietArt (Vietart Communication Joint Stock Company).
Copyright infringement
On January 17, 2019, Vietart organized program "Vietnam Night 7" titled "Winter's Story" at the National Conference Center, Hanoi). This program used 20 musical works of authors/copyright owners who authorized VCPMC Center to manage, exploit and protect their copyright.
The reason Vietart Company did not paid copyright fees to VCPMC is that before organizing the event, on August 22, 2018 it sent a letter to VCPMC on the fees but did not receive a response.
Rulings by court of First Instance
August 22, 2022 the Court of First instance found that Vietart by using 20 musical works of the author/copyright owner who authorized the VCPMC Center without obtaining permission, paying fees via VCPMC, has infringed copyright causing damage to authors/owners.
The Cour of First Instance forced VietArt to pay VCPMC more than 210 million VND (of which, more than 205 million is for loss of income, equivalent to more than 10 million VND/song ) the rest are other expenses). The Court of First Instance also forced Vietart to make a public apology.
Rulings by Appellate Court
Believing that the above ruling of the Court of First Instance was not objective, VietArt filed an appeal complaining that VCPMC demonstrated an unhealthy monopoly, not considering the interests of performance organizers.
At the trial on March 21 the Appellate Court found that Vietart has infringed the copyright in respect of 20 songs, and there would have to pay VCPMC; at the same time VCPMC’s tariffs under its decision No. 14 of 2018 are subjective without reaching an agreement with users; Vietart had agreed to pay VCPMC 3 million VND/song though the revenue brought by the program is a just bit more than 200 million VND.
Accordingly, the Appellate court partially accepted Vietart's appeal by reducing the damages payable by Vietart from 200 to 60 million VND for using the 20 musical works. Vietart will also have to make a public apology.
https://tienphong.vn/
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June 30, 2024: Letter of Motivation by a student applying for intership at Minervas:
" Dear Minervas,
I am writing to express my profound interest in the legal intern position at Minervas Law Office. As a proactive and enthusiastic individual with a burgeoning passion for law, I yearn to gain valuable experience and learn from the distinguished professionals at your esteemed firm. This opportunity aligns perfectly with my aspiration to expand my legal knowledge and eventually pursue higher studies abroad.
Though my direct experience in the legal field is limited, I must express my profound regret and a deep sense of personal disappointment over this fact. I have often found myself yearning for the chance to immerse myself fully in the legal profession, to grasp the nuanced complexities and the impactful work that experienced professionals like those at your firm undertake daily. This limitation in my experience is a source of great personal frustration, as I have an unwavering passion for the law and an earnest desire to learn and grow within this field. Despite this, I remain hopeful and determined, believing that with the right opportunity, such as the one your esteemed firm offers, I can overcome this hurdle and transform my regret into a driving force for excellence and dedicated service.
What I may lack in experience, I more than compensate for with enthusiasm, dedication, and a keen desire to learn. I am particularly drawn to Minervas because of its reputation for excellence and its commitment to fostering a learning environment for interns. I am excited about the prospect of working alongside your team, where I can observe and contribute to high-caliber legal work, gaining insights into practical aspects of the profession that are not covered in textbooks. This internship will be instrumental in helping me achieve my long-term goal of pursuing advanced legal studies abroad, where specialization in Business and Trade Law will be my focus. I believe that my proactive approach and willingness to tackle any task assigned to me will allow me to contribute positively to your team while gaining invaluable experience.
Your consideration of my application is greatly appreciated. I look forward to the possibility of discussing how my background, skills, and aspirations align with the goals of yours. Bringing my passion for law to your esteemed firm and learning from the best in the field is a prospect I eagerly anticipate.
Sincerely."
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WHAT WE OFFERFull intellectual property services: Expeditiously and effectively registration and Enforcement of IPR through administrative and civil court procedures. Minervas also provides legal consultancy and services in respect of other laws including laws on corporate, investment, commerce, labor, pharmacy, advertising, competition.
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