Posts

Showing posts from April, 2024

Associate

Company Information: Apolat Legal is a full-service commercial law firm practicing in Viet Nam. Our Clients rely on us to provide them with innovative commercial and legal advice, which is of the highest international standard and practical in a Vietnamese context. As a dynamic law firm with the desire to develop high standards of the legal sectors, we promote an openness and creative environment, the balance between work and life, but still focus on the responsibility and the commitment of lawyers to the improvement. Position Description: Apolat Legal is currently seeking an Associate to join our dynamic and enthusiastic team in the head office in Ho Chi Minh City. The ideal candidates for Associate positions at Apolat Legal are individuals aspiring to become or already is an attorney, with at least 03 years of experience working in law practice, tenacious, perceptive and capable of multi-tasking enough to assist with managing a diverse portfolio of client cases. The Associate’s ...

Some issues related to the training, improvement, and skill enhancement of employees under the labor code

Currently, technological advancements are happening at an unprecedented pace, leading to a new industrial revolution with the emergence of artificial intelligence, robotics, and automation, which have made significant strides in various industries from manufacturing to services.  Moreover, in the era of globalization, the participation of foreign employees or experts in the Vietnamese labor market, undertaking important and complex job positions, is increasingly common. This poses a new requirement, demanding that Vietnamese employees have higher qualifications to adapt and thrive in an increasingly competitive and technologically driven labor environment.  Therefore, the training, improvement, and enhancement of skills for employees has become more necessary than ever. Training and development for employees are also among the important provisions recognized in the Labor Code 2019. In this article, the author will present some relevant content regarding vocational training f...

New guidelines on protection for AI-assisted patent in US

Image
Determining the authorship of inventions (inventors) created with AI assistance has been a contentious issue in recent years. However, light is gradually emerging, though it is clear that this is not yet the end of the tunnel. In the case of Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), the Federal Circuit upheld the decisions made by the USPTO to reject two petitions seeking to designate an AI system as an inventor. The ruling was based on the interpretation of the definition of “inventor” as outlined in 35 U.S.C. 100(f), which refers to “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” The court concluded that an inventor must be a natural person. Additionally, the court clarified that it did not address “whether inventions made by human beings with the assistance of AI are eligible for patent protection.”  Following the above case, on Feb 12, 2024, the USPTO issued new guidance regarding t...

Procedures for handling trademark infringement in China

In the context of increasingly vibrant economic integration, trademark rights infringement has become one of the worrying issues that every business must face to protect the rights and maximum benefits for its operations. your business. As a country with a strongly developed industry and market, China has built and enforced a strict and strict system of procedures for handling trademark violations. This article aims to introduce some procedures for handling trademark violations in China so that readers can get an overview of ways to protect their trademarks in the country’s international trade environment in a country of billions of people.  1. Trademark infringement measures in China and applicable procedures   Current Chinese law allows the following three main methods to handle trademark infringement, including:  Administrative measures  Civil measures  Criminal measures  Depending on the object of application, each measure has different characte...

Issues on classification of goods and services when registering Chinese trademarks

1. Trademark registration paths in China   Similar to most other countries, an organization or individual can register a trademark in China through two common routes:  Register an international trademark through the Madrid system from any country that is a member of the Madrid system and, subsequently, designate protection in China. Register a national trademark directly in China through an intellectual property agent in China.  China’s intellectual property law on trademark registration applies the first-to-file principle. That is, regardless of who used the mark first (with some rare exceptions), only the person who first applied for registration is recognized as the trademark owner. 2. Why should you register a trademark directly? The time to complete trademark registration in China through WIPO international trademark registration is from 9-18 months. Meanwhile, if you apply through the direct registration of a national trademark in China, the time to comple...