How To Write A Patent In Vietnam

Transcription

1 Intellectual Property Vietnam & Indochina Team v v2\handms

2 A member firm of Baker & McKenzie, BMVN International LLC ("BMVN") is a fully licensed law firm and Intellectual Property ("IP") agent in Vietnam. The firm specializes in all intellectual property ("IP") services, as well as with inbound and outbound investment services, franchising, litigation, and general corporate matters. Since it's inception, BMVN has fostered a reputation as a local firm with an international perspective and extensive resources. With lawyers and senior legal consultants focusing on the broad spectrum of IP and commercial IP transaction matters, BMVN have the depth of talent to create specialized teams for each type of case that it handles. Recently, BMVN's franchising practice has been particularly prominent, with multinational and local corporations alike seeking the advice of BMVN's expert team to assist in establishing franchises and other commercial presences throughout Vietnam. The firm has also been consistently recognized as one of Vietnam's leading IP law firms. BMVN s lawyers, some of the foremost experts on Vietnam s IP law, have several decades of collective experience in assisting a diverse range of multinational and local clients with successful IP registration, cancellation, appeals, litigation and enforcement, copyright, licensing, and franchising. BMVN Team Profiles Tran, Manh Hung Partner, Head of IP Practice Group, Vietnam tmh@bmvn.com.vn Mr. Manh Hung Tran leads the IP Practice Group in Vietnam. Under his leadership, the practice has consistently been voted the top IP law firm in Asia by PLC Which lawyer? In 2012 the firm was also voted "Trademark Firm of the Year" by Asialaw and top IP practice in Vietnam by Asia IP. Ranked as a leading lawyer by Chambers Global and Chambers Asia-Pacific, clients describe Mr. Tran as "highly effective, knowledgeable, and reliable". He has successfully represented some of the world's largest multinational companies in contentious and non-contentious aspects of IP law, including trademarks, copyright, design, unfair competition, anti-counterfeiting, anti-piracy, domain names, commercial IP involving franchising and licensing arrangements, trade secret, and technology laws. Mr. Tran was named "Vietnam Lawyer of the Year" at the first award ceremony ever organized by the Vietnam Lawyers' Federation, the Ministry of Justice, and Legal/Phap Luat Magazine. As a respected and highly recommended advocate for IP rights, he has successfully represented and continues to represent leading international companies regarding a broad range of IP related matters. He worked closely with Vietnamese government authorities to vigilantly enforce IP rights and obtain an IP registry in Vietnam for a new and highly contentious drug manufacturing technique. He has also been called upon by the Vietnamese Government to help review and revise the country's IP Law and the Criminal Code's IP provisions. In addition to authoring several publications, Mr. Tran has given speeches on various aspects of IP matters in Vietnam, Hong Kong, Tokyo, Austria, U.K., and the United States. He speaks regularly at IP/franchising workshops and seminars and lectures to law students on lawyering skills at the Hanoi University of Law and Hanoi Foreign Trade University. Mr. Tran was also the Chairman of the Legal Committee of the American Chamber of Commerce (Hanoi Chapter). Mr. Tran has been practicing law in Vietnam since He graduated from the Hanoi University of Law in 1995 with a LL.B. in Economic Law. In 2000 he received his LL.M. in International Economic and Business Law from Kyushu University (Japan) under a scholarship from the Japanese Government. He speaks fluent English and Vietnamese and is proficient in Japanese v v2\handms

3 Mr. Minh Tri Quach is a seasoned Intellectual Property attorney with more than thirteen years of practical experience. He specializes in contentious IP matters including commercial and IP litigation, IP enforcement, and commercial IP. He also focuses on employment, privacy, internet, and information technology laws. Mr. Quach's articles have been published in AsiaLaw & Practice and other major publications in Japan. He frequently speaks at seminars and gives lectures to law students in Vietnam and Japan. Quach, Minh Tri Special Counsel, Hanoi minhtri.quach@bmvn.com.vn Mr. Quach has been practicing law in Vietnam since He has been acting as an IP agent before the National Office of Intellectual Property of Vietnam since Mr. Quach graduated Hanoi University of Law, Vietnam with a LL.B. degree in In 2009, he received a LL.M. degree from Nagoya University, Japan. He speaks fluent English and Vietnamese, and is conversant in Japanese. Ms. Kieu Hoa Tran's area of focus is intellectual property law. She has been practising IP law since 2004 and is licensed to practice before the National Office of Intellectual Property. Ms. Tran has practical work experience and expertise in both contentious and non-contentious IP cases. Prior to joining BMVN, she worked as an Intern and Associate with the Trademark Unit at Baker & McKenzie London. Ms. Tran mainly handles contentious IP matters including infringement, unfair competition, domain name dispute, and copyright. Tran, Thi Kieu Hoa Associate, Hanoi hoa.tran@bmvn.com.vn Ms. Tran has been licensed to practice law in Vietnam since She is a graduate of the Hanoi University of Law and The School of Law, Queen Mary, University of London, United Kingdom (LL.M. in Intellectual Property Laws). She speaks fluent English in addition to her native Vietnamese. Mr. Quy Hoai Nguyen is a member of the Vietnam Intellectual Property and Dispute Resolution Practice Groups. Mr. Nguyen s practice includes IP enforcement and litigation. He has extensive experience in dealing with trademark, domain name, and copyright disputes, in addition to other areas comprising of marine, property, construction, and financial disputes. Prior to joining the firm, Mr. Nguyen worked as an in-house counsel for one of Vietnam's leading insurance companies, Bao Minh Insurance Corporation. Quy Hoai Nguyen Associate, Ho Chi Minh City quyhoai.nguyen@bmvn.com.vn Mr. Nguyen obtained his Bachelor of Law from Ho Chi Minh City University of Law in Mr. Nguyen was admitted to the Ho Chi Minh City Bar in He is fluent in English apart from his native Vietnamese. Nguyen, Hai Hoang Executive (Commercial IP and Contentious Practice), Hanoi hoang.nguyen@bmvn.com.vn Mr. Hai Hoang Nguyen's principal area of practice is contentious intellectual property. He has nine years of extensive experience in enforcement and unfair competition in Vietnam. His practice focuses on commercial intellectual property practices including licensing, franchising, and technology law. Mr. Nguyen worked as an IP consultant and was the senior assistant to the Head of the Intellectual Property Department at one of the first law firms to specialize in the field of Intellectual Property in Vietnam. Mr. Nguyen advises various top brands in franchising projects in Vietnam and is involved in a number of landmark IP cases. Mr. Nguyen graduated from Hanoi University of Law in 2004 with a LL.B. degree. He has also completed the lawyers professional training at the Ministry of Justice. He speaks English in addition to his native Vietnamese. 3

4 Ms. Thanh Thuy Ninh's practice focuses on non-contentious intellectual property cases. Her expertise is handling large trademark portfolios for major multinational companies both in Vietnam and abroad. With more than twelve years of work experience as a trademark attorney, Ms. Ninh has assisted clients with trademark filings in Vietnam, China, Laos, Cambodia, Bangladesh, and Myanmar. She worked as the Head of the Trademark Division at a local law firm for nearly eight years before joining BMVN. Ninh, Thi Thanh Thuy Trademark Executive (Inbound and Outbound Services), Hanoi thuy.ninh@bmvn.com.vn Ms. Ninh has been licensed to practice law in Vietnam since 2013 and is a qualified IP agent before the National Office of Intellectual Property of Vietnam. She graduated from Hanoi University of Social Science & Humanities in 1999 with a LL.B. degree. In 2002, she received a Bachelor of Foreign Languages from the University of Foreign Studies, Vietnam. and in 2010 she graduated from Hanoi National University with a LL.M. degree. She speaks English in addition to her native Vietnamese. Ms. Hai Anh Nguyen's practice focuses on intellectual property law. She has more than twelve years of work experience as a trademark attorney in Vietnam. Ms. Nguyen manages large trademark portfolios, provides advice on pre-filing and strategic filing plans for multinational companies in Vietnam. Nguyen, Thi Hai Anh Trademark Manager (Registration), Hanoi anh.nguyen@bmvn.com.vn Ms. Nguyen is a qualified IP agent before the National Office of Intellectual Property of Vietnam. She graduated from Hanoi Foreign Trade University - International Economics Faculty in 2001 with a Bachelor of Arts degree. She speaks English in addition to her native Vietnamese. Ms. My Hanh Trinh specializes in trademark search, IP license agreement review, IP license recordation, and trademark disputes (oppositions, cancellations and appeal practice). She has more than fifteen years of experience working for IP firms, one of which is the first local law firm in Vietnam to specialize in the field of intellectual property. Trinh, My Hanh Trademark Executive (Portfolio Management), Hanoi hanh.trinh@bmvn.com.vn Ms. Trinh is a qualified IP agent before the National Office of Intellectual Property. She graduated from Hanoi University of Law in 2001 with a LL.B. degree. In 1995 she received a Bachelor of English from Hanoi University of Foreign Language Pedagogy, and in 1994 she received a Bachelor of Russian from Hanoi University of Languages. She speaks English in addition to her native Vietnamese. Ms. Ngoc Dung Pham, a highly skilled IP lawyer, has over ten years of work experience within the IP field. She previously led the Hanoi office of a local boutique IP firm where she oversaw patent prosecution applications and industrial designs and trademarks issues. She has coordinated with Vietnamese government authorities across multiple jurisdictions on numerous IP infringement cases and developed an extensive network of clients. Ms. Pham also has over ten years of consulting for a leading IP firm in both the IP (Trademark) and the Investment Consultancy departments. Pham, Thi Ngoc Dung Senior IP Consultant, Hanoi dung.pham@bmvn.com.vn Ms. Pham has been a qualified IP agent in Vietnam since She graduated from the Vietnam National University in Hanoi in 2010 with a LL.B. in Law Faculty. In 1996 she received a Bachelor of Economics from the National Economics University, Agricultural Business Administration Faculty. 4

5 Le, Viet Hung Senior Patent Attorney, Hanoi viethung.le@bmvn.com.vn Mr. Viet Hung Le is one of Vietnam's foremost experts on Intellectual Property law. Before joining the Firm in 2007, Mr. Le worked as a senior legal expert for the Legislation Department of the National Office of Intellectual Property of Vietnam (NOIP). As a member of the Vietnam Delegation at the WTO, he negotiated Vietnam's accession to the WTO regarding IP matters and helped draft Vietnam's first IP law. Mr. Le's legal practice covers diverse aspects of IP law and international treaties, patent prosecution and enforcement, parallel imports, and unfair competition in Vietnam. He represents various multinational pharmaceutical companies in combatting manufacturers, importers, and distributors of generic products in Vietnam and handles BMVN's patent prosecutions before the NOIP. Mr. Le has been a registered industrial property agent since In 1995 he graduated from Hanoi University of Technology (Hanoi Polytechnic University), where he received his Bachelor of Science in Chemical Engineering. Mr. Le began his career as an on-thejob training intellectual property consultant with PT Miwon Indonesia - Surabaya, Indonesia. He has attended various training courses on intellectual property, such as Enforcement of Intellectual Property (Tokyo, Japan) and Intellectual Property in the Global Economy (Stockholm, Sweden). Mr. Le speaks English in addition to his native Vietnamese. Duong, Bao Trung Paralegal, Hanoi trung.duong@bmvn.com.vn Mr. Bao Trung Duong joined BMVN in November 2012 as Paralegal. Mr. Trung's practice focuses on Intellectual Property matters, information technology, dispute resolution and investment. He also focuses on employment law, privacy, internet and information technology laws. Mr. Duong has published articles in Vietnam and other major publications in Hong Kong and United Kingdom. Before joining BMVN, Mr. Trung interned at a local IP Law Firm. Mr. Trung received his LL.B degree with honors and was ranked as the top law student, summa cum laude, in 2013 from Hanoi Law University. He speaks fluent English in addition to his native Vietnamese. Mr. Minh Hung Tao graduated from Vietnam's National Economics University with a LL.B in Law and joined BMVN in He was officially recruited as an IP Clerk in April of 2014 after a three-month internship with BMVN. Mr. Tao speaks English in addition to his native Vietnamese. His main focus is non-contentious IP cases including large trademark portfolios for major multinational companies in Vietnam and other countries. Tao, Minh Hung IP Clerk, Hanoi minhhung.tao@bmvn.com.vn 5

6 Ms. Phuong Trang Nguyen joined the Firm s Hanoi office as a Paralegal in August 2013 with a main focus on patents, designs and IP enforcement. She has also been involved in various matters in the fields of pharmaceutical and healthcare, employment, corporate and investment. Prior to joining the Firm as a Paralegal, Ms. Nguyen was a summer Legal Intern at the Firm in 2012, assisting the Firm's IP team in trademark oppositions and investigations, and some other aspects of IP law. Nguyen, Thi Phuong Trang Paralegal, Hanoi thiphuongtrang.nguyen@ Ms. Nguyen studied intellectual property laws, in particular Patent & Breach of Confidence and Copyright & Designs, as part of her undergraduate programme. She graduated from King's College London, U.K. with a Bachelor of Laws (Honours) degree in She speaks fluent Vietnamese and English, as well as elementary Japanese. Ms. Ha Phuong Nguyen graduated from Hanoi Law University with a B.A. in Law and joined the Hanoi office in September of 2011 as an IP Clerk. Before joining Baker & McKenzie, Ms. Nguyen worked as an Intellectual Property Consultant at a local IP firm. She is specialized in both contentious and non-contentious IP cases. She speaks English as well as her native Vietnamese Nguyen, Ha Phuong IP Clerk, Hanoi haphuong.nguyen@ Ms. Viet Nhan Vu manages the Global IP Manager (GIPM) docketing system to monitor trademark, industrial designs, licenses and assignments, and patent prosecution and renewals in Vietnam. This highly efficient system assists the firm in providing international-quality service and enables the Vietnam IP team to successfully manage the large Vietnam trademark portfolios of several multinational companies. Vu, Thi Viet Nhan GIPM Database Administrator, Ho Chi Minh City vietnhan.vu@ Ms. Vu holds a B.A. in English from the Ho Chi Minh City University of Education. She has studied Corporate Management at Van Lang University and Intellectual Property Laws at the Ho Chi Minh City University of Law, and completed a Global IP Manager Course through Baker & McKenzie. Ms. Vu has also obtained a certificate of completion for the special intellectual property course held by the National Office of Intellectual Property, Vietnam. She speaks English in addition to her native Vietnamese. Ms. Nguyen co-manages the IP database system which monitors all trademark and patent matters in Vietnam. The system enables the Vietnam IP team to efficiently manage the large trademark and patent portfolios. Nguyen, Lien GIPM Database Administrator, Hanoi lien.nguyen@ Ms. Nguyen graduated from Hanoi University of Foreign Studies (Hanoi University) in 2006 with a degree in Faculty of English Translation & Interpretation. In 2011 she obtained a Bachelor degree in International Economic at Hanoi Foreign Trade University. Additionally, Ms Nguyen has completed a general course on Intellectual Property held by the Vietnam National Office of Intellectual Property in collaboration with WIPO Academy. Before joining Baker & McKenzie in 2009, Ms. Nguyen worked as a Secretary to the General Manager for Crown Beverage Cans Hanoi Ltd, a US Vietnam Joint Venture Packaging Company. She speaks English in addition to her native Vietnamese. 6

7 Mr. Duy Binh Tran re-joined the Ho Chi Minh City office of Baker & McKenzie in August Mr. Tran's practice focuses on dispute resolution, compliance, M&A, in addition to IP matters. Mr. Tran has experience in dealing with IP enforcement and commercial IP from his work as a paralegal and clerk for Baker & McKenzie Vietnam. Mr. Tran is licensed to practice law in New York, United States. He is a graduate of the University of Georgia School of Law (J.D. 2011) and Brandeis University (B.A., magna cum laude, 2007). Mr. Tran speaks fluent Vietnamese in addition to his native English. Tran, Duy Binh Associate, Ho Chi Minh City binh.tran@ Mr. Nguyen attended the University of British Columbia, Canada and studied law at the University of Hong Kong. He is fluent in English and Vietnamese. Mr. Van Nam Mac is a Canadian-Vietnamese paralegal and translator. Prior to joining Baker & McKenzie in June 1994, he worked for the United Nations High Commissioner for Refugees as a translator/interpreter. Mac, Nam Van Deputy Chief Legal Translator, Hanoi namvan.mac@ Mr. Mac graduated from Sheridan College and worked in the real estate business in Canada before resettling in Vietnam. He is fluent in English and Vietnamese. Ms. Phuong Thao Nguyen joined the Firm's Hanoi office in October 2004 and became a legal translator in July Ms. Nguyen graduated from the Hanoi Foreign Trade University in 2004 with a Bachelor Degree in Business English. She speaks fluent English in addition to her native Vietnamese. Nguyen, Phuong Thao Translator, Hanoi phuongthao.nguyen@ Mr. Quoc Minh Truong joined Baker & McKenzie as a legal translator/paralegal in Prior to joining the Firm, he was a legal translator/paralegal for a British law firm in Vietnam and he also performed legal translation work as an assistant to an accredited translator for the Notary Public Office of Ho Chi Minh City. Truong, Quoc Minh Paralegal/Translator, Ho Chi Minh City quocminh.truong@ Mr. Truong graduated from Ho Chi Minh City Open University (Faculty of English Translation & Interpretation) in He will be graduating from Ho Chi Minh City University of Law in October Apart from his native Vietnamese, he is also fluent in English and basic in Mandarin. 7

8 Ms. Ngoc Thuy Tran joined Baker & McKenzie as a legal translator/paralegal in early Prior to joining the Firm, she had worked as a legal translator and as an office supervisor at a local law firm in Vietnam for 3 years and performed legal translation work as a collaborator for two other translation companies. Tran, Ngoc Thuy Paralegal/Translator, Ho Chi Minh City ngocthuy.tran@ Ms Tran graduated from Ho Chi Minh City University of Industry (Faculty of English Translation & Interpretation) (2009) and was granted a Certificate of English Teaching by Ho Chi Minh City University of Pedagogy (2007). Apart from her native Vietnamese, she is also fluent in English. 8

9 BMVN International LLC Unit 1002,10th Floor, Indochina Plaza Hanoi 241 Xuan Thuy Street, Cau Giay District, Hanoi Vietnam Tel: tmh@bmvn.com.vn Ho Chi Minh City c/o Baker & McKenzie (Vietnam) Ltd. 12th Floor, Saigon Tower 29 Le Duan Blvd., District 1 Ho Chi Minh City, Vietnam Tel: Fax: tmh@bmvn.com.vn BMVN International LLC is a member of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a partner means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an office means an office of any such law firm. This may qualify as Attorney Advertising requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. BMVN International LLC All rights reserved.