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where

legal issues become clear & simple

 

since 2007

 


INTA, AIPPI, APAA, VIPA member since 2007

 

Minervas Attorneys-at-Law & IP Agents

 

 

17th Anniversary: 2007-2024

This summer 2007, Minervas was born by licensed lawyers and intellectual property agents. The founders wanted to serve their clients more effectively and efficiently by dealing with the legal problems that they clients were facing 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”. Why you "have to" enjoy the things you love?  

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Wheatfield with Crows by Vincent van Gogh - July 1890

July 14, 2024: Arts and Lawyers

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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July 13, 2024: 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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Best Buy U.S transnational consumer electronics Best Buy Co. Inc. through Minervas has won a long awaited opposition and thereby having registered its well-known Best Buy logo in Vietnam.

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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).

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,2

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."