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By Global Law Experts & Corporate INTL |
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Minervas’ lawyers have found INTA annual meetings inseparable. From the 121st Annual Meeting in Seattle, Washington State in 1999, then the 125th Annual Meeting in Amsterdam, the Netherlands in 2003 when the meeting was held outside US for the first time, to the latest, 146th annual meetings in Atlanta, Georgia. Each one was unique and the 147th in San Diago, California will not be an exception. It will be more than just a conference—it's where the future of intellectual property is shaped. |
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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. 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. |
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For eitheen (18) 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? Why not? Your don't have to enjoy the things you love, do you?
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It is required by local regulations that foreign franchisors registered their franchising business with the Ministry of Industry and Trade before they can enter a franchise agreement with a local franchisee. It may take from a few weeks to a few months for the Ministry to review and grant a registration. Filing for registration may be done though a local authorized agent. The parties do not need to register franchisee agreement with any governing body. License to use trademarks under the franchise agreement will be governed by IP Law, and does not need to be registered with local IP Office either. Parties may choose law of a foreign country to govern a franchise agreement as well as trademark license. They can agree on a court or arbiters of a foreign jurisdiction for settling a conflict. However, any decision and awards by a foreign court or arbiters will not automatically take effect in Vietnam. |
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Minervas 2025 Internship Opportunities As said by Katie Riley, “Internships have always been important to college students, but never more than now.” Minervas Internship Program offers students and recent graduates from legal, business and technical academic backgrounds the opportunity to gain hands-on practical work experience. The duration of an internship is normally between eight and twelve weeks and is on a full-time basic. Internship opportunities are offered throughout the year as announced by Minervas on its website and social network pages. The current one is set to start from May 5th to June 30th, 2025. CV with a letter of motivation is to be sent to recruitment@minervas.vn “The only way to do great work is to love what you do. If you haven’t found it yet, keep looking. Don’t settle. As with all matters of the heart, you’ll know when you find it.” - Steve Jobs |
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Protection of well-known mark in Vietnam Term well-known mark was first introduced in a Governmental Decree in 1996. In early 2000s, the local TMO accepted numerous applications for recognition of well-known marks. The TMO however never examined them, and those applications all had been left unattended and forgotten. In 2005 when the first IP law was adopted (separated from Civil Code), more details regarding protection of, and requirements for recognition of a well-known mark were introduced. A guiding Circular by the Ministry of Science and Technology of 2007 states in particular that a well-known mark will be protected in according with the IP Law and Article 6bis of Paris Convention; its registration is not required, but the holder will have to prove that the mark is well-known; It in particular states that in the event that a mark is recognized well-known through a civil procedure (court) or by a decision of local TMO, this mark will enter the list of well-known marks kept at the TMO as referential information for the purposes of acquisition and protection of intellectual property rights. However, no such a list ever existed. |
Nevertheless, prior to about 2016, local TMO in various cases ex officio or at request by a third party, refused registration of a mark for conflicting with a well-known mark. Since about then, TMO has practically stopped refusing registration of a mark on the ground of a well-known mark because no mark had officially recognized well-known.
In 2023 the Ministry of Science and Technology issued a new circular revising the corresponding clause in the 2007 Circular to that in the event a mark is recognized well-known leading to enforcing rights against infringement, or to a refusal of registration of another mark, this mark will enter the list of well-known marks kept by at TMO. This clause seems to indicate that the rights to recognize a well-known mark belongs not only to courts and the TMO. The list of such recognized well-known marks has yet to exist.
In summary, under the current local IP Law and guiding documents, well-known marks are protected and may be officially recognized. However, there are still issues with the recognition proceedings both judicial and administrative. As a result, protection of well-known marks is still limited unless it is registered as an ordinary mark. However, recognition of well-known marks is crucial for the protection of the same that is important for increasing bussinesse. We can expect more guiding regulations to be introduced soon to lift the fog that still surrounds the mechanism of recognition of well-known marks.
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Today we had a great honor and privilege to welcome Mr. To Van Hoa, Vice President and. Mr. Tran Vu Hai, Deputy Head, Science and Technology Department, Hanoi Law University (HLU) on an official visit to Minervas office. HLU’s students in an increasing number have an internship at Minervas to get experience, to complete their academic and lawyer training programs. Many of the graduated have stayed on board with Minevas teams falling in love with this profession more every day. Our heartfelt thanks for the very nice gift which has been impregnated with wonderful deep, intangible values and meanings, from the Hanoi Law University. We wish all the Distinguished Guests, and HLU good health, successes, and happiness. |
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The 2nd Global Award in the Field of Law in a Row Following the global award “TRADEMARK LAW FIRM OF THE YEAR IN VIETNAM - 2025” by Corporate INTL in February 2025, Minervas has won another a global award in the field of law by another international organization. Awards, trophies, recognitions, glory, aura, success, as well as failures, all these kinds of things would not change who you are. They, however, may appear at times just to remind you about yourself, your weaknesses and strengths, your perseverance, pride, humility and your goals, and the meaning of life. Another thing that will remain unchanged: Client’s satisfaction and success has and will be remaining our highest honor. We nevertheless do appreciate the recognition, will leave it for the award organizers to make an announcement. |
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“Law is one of the great healing professions. While medicine heals the body and the clergy heals the soul, the law heals the societal rifts”. Today, we are not only celebrating but also recognizing and appreciating the strength, determination, resilience, and contributions of women in all aspects of life and law is not an exception. |
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Minervas shortlisted for another 2025 Global Award Following winning the 2025 Global Award “TRADEMARK LAW FIRM OF THE YEAR IN VIETNAM” by Corporate INTL, Minervas has been shortlisted for another forthcoming 2025 Global Award Category by a different International Organization. The winners will be announced in coming weeks. Though the greatest award is the appreciation of clients, “recognition is the mirror reflecting back the beauty and worthiness we often fail to see in ourselves.” |
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Minervas won the award "2025 - Trademark Law Firm of the Year in Vietnam" Minervas was founded in 2007 by Le Quang Minh, who graduated overseas and has provided trademark services since the early 1990s, when he held a position at one of the first IP law firms in Vietnam. From day one, Minervas has embraced a culture of innovation focused on serving clients who seek investment opportunities in the region. Among the factors that have raised Minervas’s profile is its comprehensive understanding of local culture, as well as its experts’ ability to listen to their clients and formulate tailored services. The firm acts as a bridge to Vietnam for foreign businesses, allowing them to integrate within the economy successfully and smoothly. |
A further feature that distinguishes Minervas from its peers is its continuous goal and inherent ability in the area of innovation. It achieves this by rendering simplified solutions to clients, often through nontraditional means, enabling them to acquire IP rights, but also safeguard and enforce them from infringement effectively and efficiently. In some cases, a traditional approach would involve severely punishing infringers, as this is widely considered the most effective recourse. However, by also taking local culture and customs into consideration, Minervas is often able to arrive at a method that can be more effective and efficient. It is this philosophy that is highly valued by the firm’s clients, as it can save on both time and expenses.
Meanwhile, loyalty towards the client is another of Minervas’s qualities that help guide it in avoiding conflicts of interest, placing the firm in “standby mode” to be called upon again by the same individuals with whom it shares reciprocal trust.
Each client is unique, and is incomparable to its peers in many regards. Likewise, each trademark, patent, industrial design and artistic work can be viewed as a singular piece of a larger picture when it comes to the IP rights structure of a business. Furthermore, a client’s IP is just one of multiple areas of interest from a business perspective. Minervas has gained recognition for its insight when addressing client needs, as it is able to focus on a wider spectrum of factors that may be concealed beneath the visible IP rights.
In recent years, the firm has seen changes affecting society and the economy on both a local and global level, as well as changes to its own personnel. However, its strong foundations – including its deep-seated capacity to innovate and move forward – have enabled it to stand firm and emerge stronger in the eyes of its clients. Such challenges, both internal and external, will continue to arise; however, Minervas views this an opportunity to grow, to improve its capabilities and to continue to enjoy serving its clients.
It is no secret that the firm has expanded to serve additional clients from the US, Canada, the EU and Asia, many of whom are leading multinational corporations, in addition to its established client base in Vietnam.
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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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“To keep your balance, you must keep moving” as said by Albert Einstein. We have followed that wisdom since our day one of Minervas and that has brought Minervas to its today’s place. We know nothing would come easy and if we stop just for a moment, we will we be off balance and fall or be knocked down and so will Minervas. One said “We don't want to turn the safety net into a hammock that lulls able-bodied people into complacency and dependence”. Complacency us our enemy and has no place at Minervas. |
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More than feeling the sense of teamwork and togetherness, we rely on each other and share the good times and the bad. Not Better or Worse, Just Different. Each just try to be the best in his/her own way together making the team strong. Each client is unique not like any other. The differences between members of the teams are not a problem at but on the contrary, they are the diversity that we need to help us to better understand each client. It's not yet the New Year's Day to celebrate. In fact, here's just another ordinary day for us to enjoy serving clients. |
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Congratulations to Hanoi Bar Association 40th Anniversary We have proudly been members of Hanoi Bar Association since 2003. It’s a tremendous pleasure to witness its developments over the years, and make contributions to its growth. "Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough." - Abraham Lincoln |
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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."
Our lawyers with skills, rich knowledge, experience of more than 20 years, capabilities, creativity, responsiveness.
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QUALITY& ETHICAL SERVICESRely on our expeditious and quality services, and strong commitment to clients. That clients are loyal, their number keep increasing, and are successful makes Minervas proud..
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LOYALTY AND COMMITMENT Our Our unrelenting loyalty and commitment to our clients
Quality and ethical services.
Client Driven “The client always comes first”;
To treat client's matters as ours;
Promptly inform of developments;
To make things as simple as possible.
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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