Patent Examination Procedure
Applicants should be aware of the examination process a patent going through the National Office of Intellectual Property of Viet Nam (NOIP). This process is begun with the filing of a patent application with NOIP and completed by granting a patent. (1) Filing the application In order to obtain the patent right in Viet Nam, […]
Patent registration through PCT
1. The agency competent to receive international patent applications in Vietnam is the NOIP. The NOIP shall: a/ Receive international applications originating in Vietnam; b/ Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation […]
Legal Updates
With the expectation to provide the Clients the updated legal documents, S&B Law summarized and built up the weekly legal update and monthly legal newsletter in terms with the business areas of the Company and the interest of the Clients. This week, we have the following documents: 1. Directive No.01/CT-NHNN of the State Bank of […]
Are parties permitted to unilaterally terminate the franchising contract? If yes, then in which circumtances?
Pursuant to Article 16 of Decree No. 35/2006/ND-CP, the concerned parties are entitled to unilaterally terminate the franchising contract under certain circumstances as follows: 1. The franchisee has the right to unilaterally terminate the franchising contract in cases where the franchisor breaches its obligations specified in Article 287 of the Commercial Law 2005. 2. The […]
Is a franchisee entitled to sub-franchise to a third party (the sub-franchisee)?
According to Article 290 of Commercial Law 2005, the franchisees are entitled to sub-frnachise to a third party (the sub-franchisee) if they are permitted by the franchisors. For more information about Franchise , please contact the firm, please email info@sblaw.vn, visit www.sblaw.vn If you would like further information on Is a franchisee entitled to sub-franchise to a third […]
What are the rights and obligations of the franchisees?
Rights and obligations of the franchisees are provided in Articles 288 and 289 of Commercial Law 2005. The franchisees have the following rights: - To request franchisors to provide full technical assistance related to the commercial franchise system; - To request franchisors to equally treat all franchisees in the commercial franchise system. The […]
What are the rights and obligations of the franchisors?
The rights and obligations of the franchisors are provided in Articles 286 and 287 of Commercial Law 2005. The franchisors have the following rights: - To receive franchise sums; - To organize advertising for the commercial franchise system and the commercial franchise network. - To conduct periodical or extraordinary inspections of activities […]
Do traders have to satisfy certain conditions to carry out commercial franchise?
In order to perform commercial franchise, concerned parties have to satisfy certain conditions prescribed by law. The franchisors must satisfy the following conditions: - The business system intended for franchise has been in operation for at least one year. Where a Vietnamese trader is the primary franchisee of a foreign franchisor, such Vietnamese […]
What are the procedures of franchising registration?
Franchising registration shall be carried out in accordance with the following procedures: - Filing a dossier of application for registration of franchising to the competent authorities; - Within 05 working days counted from the date of receiving complete and valid dossier, the competent authorities shall register franchising in the Franchising Register […]