Intellectual Property Litigation

Intellectual Property Law Firm & Lawyers In Vietnam

The Intellectual Property practice at Le & Tran is rapidly emerging as one of the leading Intellectual Property (IP) law firms in Vietnam. With over a decade of experience, Le & Tran has a depth of knowledge in handling patents, trademarks, copyrights and related IP litigation.

One of the main areas of practice of Le & Tran’s IP attorneys is assisting clients to utilize their intellectual property to help them achieve success in the market. Our IP lawyers provide guidance on the most effective means of establishing and developing IP holdings and defending IP rights so that clients can maximize the highest value from their investments. From patents to trademarks and copyrights to licensing and technology transfers, our attorneys assist in project management and provide critical advice on obtaining and protecting valuable intellectual property.

What Is An Intellectual Property Law Firm?

Intellectual property law includes trade marks, patents, copyrights, and other related subjects. This law protects the rights of businesses and individuals who create or own intellectual property such as inventions, industrial designs, domain names, works of authorship, logos, trademarks, design rights, business or brand names and computer software. The legal and technical expertise related to intellectual property spans a wide range of topics like trade marks, patents, designs, copyrights, and other related subjects like domain names, trade secrets and advertising.

Intellectual Property law firms specialize in using their expertise to support a diverse client base that includes start-ups, SMEs and multinational corporations in a variety of industries like aviation, manufacturing, luxury goods, fast moving consumer goods, pharmaceuticals, education and food & beverage.

In Vietnam, the intellectual property services offered typically include prosecution of trade marks, registration applications for patents , registered designs and copyrights, dispute resolution and enforcement, corporate & commercialisation advice and data protection

How Is Le & Tran Trial Lawyers Different From Intellectual Property Law Firms?

Unlike specialized IP law firms in Vietnam that limit their practice solely to intellectual property licensing matters, Le & Tran is a litigation law firm with the litigators having the strong backgrounds of IP litigation, disputes and IP violations in Vietnam. 

The areas of Le & Tran’s IP practice include:

  •       Commercialization of IP, including strategic advice
  •       Copyright law
  •       Data Privacy and Security
  •       Domain name disputes
  •       False advertising
  •       IP litigation (both private and governmental)
  •       License, supply, distribution and related commercial agreements
  •       Ownership issues
  •       Packaging and labeling strategies
  •       Patents
  •       Portfolio management
  •       Technology transfer
  •       Trade secrets
  •       Trademarks, designs and branding

What Do Intellectual Property Lawyers Do?

Intellectual property lawyers in law firms help their clients protect their ideas and creations. They can assist clients with patents, copyrights, trademarks, and other legal issues related to intellectual property such as licensing, franchising, distribution, technology transfers & trade secrets. These intellectual property lawyers can also help with things like getting inventions licensed, transferring technology, negotiating deals or settlements, drafting licensing agreements and conducting due diligence for IP related matters. If there is a dispute over someone’s intellectual property, the attorney might litigate the case in local federal state courts, international courts or administrative agencies in Vietnam such as National Office of Intellectual Property (NOIP) where they will represent the client’s interests. These lawyers help their clients protect their unique ideas or creations by developing new strategies to increase the value of their IP portfolios, and by advising on new rules and regulations.

What Is Vietnam’s Intellectual Property Law Like?

There are a few general things to take note for intellectual property rights in Vietnam. To start off, it is important to have an overall strategy to protect your intellectual property rights. Next, these rights must be registered and enforced in Vietnam, under Vietnamese laws. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. Consequently, an overseas trademark or patent registration will not be effective in Vietnam unless it follows the specific Vietnamese regulations. As a member of the World Trade Organization and World Intellectual Property Organization, Vietnam has legislation that covers many aspects of protection of intellectual property in line with international standards required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). 

The National Office of Intellectual Property oversees the registration of IP. People can file an application for different types of intellectual property such as trademarks, patents, designs, layout-designs of integrated circuits, and geographical indication registrations. The granting of patents and trademarks are dependent on a first-to-file basis. Brands and businesses should think about how to get patent and trademark protection before introducing their products or services to the local market. Vietnam is a part of the Patent Cooperation Treaty (PCT) and the Madrid Agreement Concerning the International Registration of Marks (known as the Madrid System). Those applying can use these systems for filing international patent and trademark applications in order to request protection in the country.

The Copyright Office of Vietnam (COV) is responsible for copyright protection law. Although copyrights can be protected without any registration requirement, formal recordation of copyrights at the COV is strongly encouraged. This would greatly strengthen your case as evidence of ownership in the event of a dispute. A copyright notice is also recommended to be affixed to the copyrighted work. If companies want to protect trade secrets, such as data, formulas or other confidential information used in business, it is possible to take appropriate measures in line with Vietnamese law to maintain the secrets. Ultimately, it is the responsibility of the IP rights holders to register, protect, and enforce their rights where relevant. They should also hire their own legal counsel and advisors.

For any business in Vietnam, it is important to seek legal advice from local lawyers or IP consultants who are experts in Vietnamese law. It is also a good idea to do due diligence on potential local partners and work with legal counsel familiar with Vietnamese law to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions. Additionally, it is important for small and medium sized companies to work together with trade associations and organizations to support efforts to protect IP and stop counterfeiting.

However, there have been significant changes to Vietnam’s Intellectual Property Law made recently. These amendments include areas such as industrial property, copyrights, and the enforcement of intellectual property. The goal of these changes is to make the law more similar to what is practiced around the world. To stay updated about these changes and ensure your intellectual property is fully protected, consult our experienced team of attorneys now.

Why Engage Intellectual Property Lawyers From Le & Tran?

When you need legal assistance in Vietnam, you want to be sure that you are working with the best possible law firm. With Le & Tran Trial Lawyers, clients can be confident about receiving top-notch service. Acknowledged as one of the leading practices in the nation by the business community and international law firms, Le & Tran Trial Lawyers are highly ranked by Chambers Asia Pacific, Legal500, Benchmark Litigation, AsiaLaw Profiles as one of the top-elite law firms in Ho Chi Minh City, Vietnam. A cut above the specialized IP law firms in Vietnam that limit their practice solely to intellectual property licensing matters, Le & Tran Trial Lawyers is a litigation IP law firm that can provide comprehensive legal strategies to help our clients identify all the potential risks when doing the businesses in Vietnam, no matter what their needs may be. When you choose to work with us, you can rest assured knowing that you are working with a highly professional firm in Vietnam. Contact our team today to find out how our team can meet your legal needs today.