[ICHAM Partner] Anti-Counterfeiting and Assistance Desk for Trade Barriers

THE PROTECTION OF INTELLECTUAL PROPERTY

Italian companies wishing to approach the Vietnamese market with their products and/or services should take precausion steps seriously to protect their intellectual property (patents, trademarks, copyrights, geographical indications). Businesses representatives are recommended to:

  • consult qualified professionals in the area to fully grasp the local regulatory framework,
  • identify the requirements and deadlines for the registration of intellectual property in Vietnam,
  • seek specialist assistance in completing registration applications, and
  • take into account types of violations and Vietnam’s available mechanisms for the protection of their rights.

The advantages of registering intellectual property are huge and yet, often taken for granted by entrepreneurs on their journey to internationalize. Such an incident exists due to the lack of legal knowledge and regulations enforced in foreign markets, and little to none knowledge on available mechanisms for protecting intellectual property.

The registration of intellectual property in Vietnam operates not only as an anti-counterfeiting mechanism but also as a prevention method against any fraudulent practices done by local importers and distributors, who could take advantage of the Italian company’s negligence and register the intellectual property in their name in Vietnam, effectively precluding future direct market access or diversification into local sales channels. Therefore, registering your intellectual property is the first step toward selling (direct or indirect) in Vietnam.

Also, registering intellectual property entails multiple advantages, such as:

  • increase the corporate value by increasing the assets on the balance sheet, significantly increasing the value of the company – especially in the case of mergers or acquisitions – and favoring access to credit and specific tax breaks
  • differentiate products and services with a view to a so-called glocal approach to the market, where brands, designs and logos are used to align with the preferences of local consumers
  • adopt franchising models
  • generate income by licensing these rights in exchange for royalties

ASSISTANCE AND PROTECTION DESK FOR INTELLECTUAL PROPERTY AND BARRIERS TO COMMERCE, ICE OFFICE IN HO CHI MINH CITY

The objective of the Assistance and Protection Desk of Intellectual Property and Barriers to Commerce in Ho Chi Minh City is to support Italian entrepreneurs who want to approach the Vietnam market by promoting the dissemination of specialist knowledge and assisting Italian companies in specific cases in the field of the protection of intellectual property and trade barriers.

In particular, the Desk provides primary assistance, information, training and monitoring of Intellectual Property and Market Access regulations in Vietnam.

Contact via email for more information: ipr.hochiminh@ice.it 

The main activities carried out by the Desk are listed below by way of example.

INTELLECTUAL PROPERTY

  • procedure for registration of intellectual property (patents, industrial design, trademarks, geographical indications, software, copyrights);
  • monitoring the development of legislation and procedure for the protection of intellectual property rights;
  • information on the technology transfer of intellectual property ownership (licensing and assignment);
  • indication of the terms for requesting for cancellation of the intellectual property for non-use;
  • specific initiatives regarding Italian sounding;
  • drafting of guides updated annually;
  • promotion of training and information events through the organization of workshops, seminars and other activities in Italy and Vietnam.

MARKET ACCESS

  • monitoring of new regulations and notices on customs issues;
  • assistance with the solution of problems related to the completion of customs procedures;
  • research and analyze the technical regulations for compliance and certification obligations;
  • information on regulations and procedures for the registration of medicines and medical devices;
  • analyze the regulations for problems deriving from parallel imports;
  • information on unfair competition;
  • assistance with the procedures of participation in tender;
  • guidance on contracts;
  • monitoring of tax, customs and corporate legislation; 
  • information on the quality standards required for specific products (food, pharmaceuticals, cosmetics, electronic equipment, etc.);
  • drafting of guides;
  • promotion of training and information events through the implementation of workshops, seminars and other activities in Italy and Vietnam.

Check out the Italian guide for The patents in Vietnam

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