How Trademark Licensing affects the Franchise?
1. Case Background SB Law represented Company X, a Hong Kong-based business, in franchise registration with the relevant authorities in Vietnam. The franchise registration was for the hotel services industry, linked to various trademarks. According to Company X’s franchise model: Company X receives a trademark license from K and SCH. Company X signs an exclusive […]
Experience in Franchise registration consultancy in Vietnam
Franchising is one of the most popular business models, especially in service industries such as F&B, education, and hospitality. However, to operate a legally compliant franchise in Vietnam, businesses must adhere to strict legal regulations, including the franchise registration process with the Ministry of Industry and Trade (MOIT). 1. Practical Experience SB Law has successfully […]
Important considerations when registering the Patent
Subjects Eligible for Patent Protection Patent protection applies to technical solutions, which may fall into the following categories: Products: Physical products: Includes tools, machines, equipment, components, electrical circuits, etc. These products are defined by their technical structure and design, enabling them to perform specific functions that meet human needs. Chemical products: Includes materials, compounds, food, […]
Important note before filing a Patent Application
2.1. Determining the Patentability of an Invention Before submitting a patent application, it is essential to evaluate the invention based on the following factors: Assessing the protection criteria: Determine whether the invention meets the three key criteria of novelty, inventive step, and industrial applicability. Checking against non-patentable subject matter: Verify whether the invention falls under […]
Patent Application Procedure in Vietnam
The patent registration process in Vietnam consists of the following steps: Filing the patent application at the Intellectual Property Office of Vietnam (IP Vietnam). The office examines the formal validity of the application within 1-2 months. Formal examination (1-3 months from the filing date): The application and accompanying documents are reviewed for compliance. If all […]
Example of the Patent for Invention not eligible for Patent Protection in Vietnam
Scenario: An individual submits a patent application to the Intellectual Property Office of Vietnam (NOIP) for a new algorithm to rapidly compute prime numbers. Reason for Rejection: According to Article 59 of the Intellectual Property Law of Vietnam, certain subjects are not eligible for patent protection, including: Discoveries, scientific theories, and mathematical methods. In this […]
Important notes when registering for Industrial Design
Key Considerations for Registration: Thorough Application Preparation: Ensure all documents are accurate, complete, and compliant with legal regulations. Check for Protection Eligibility: Conduct a prior search to ensure the industrial design is unique and does not resemble previously registered designs. Monitor the Processing Timeline: Regularly track application progress and respond promptly to any requests from […]
Where to submit an Industrial Design Application in Vietnam?
Who Has the Right to Register an Industrial Design? According to Article 86 of the Intellectual Property Law, the right to register an industrial design belongs to: The creator of the design, if they developed it using their own effort and resources. The organization or individual that provided financial and material support for the design’s […]
What is an Industrial Design and Its Importance in Registration?
According to Clause 13, Article 4 of the Intellectual Property Law, an industrial design refers to the external appearance of a product, expressed through shapes, patterns, colors, or a combination of these elements. Products eligible for industrial design protection include objects, devices, means of transport, or components used to assemble a complete product. These products must […]