Công ty dịch vụ luật Apolat Legal

In the 4.0 age, social media tends to be the virtual space that connects people from all over the world, especially Facebook, Instagram, YouTube, TikTok, etc. Whereby, TikTok is an indispensable app for the young generation. This is a playground for the user to be creative with the short video, otherwise, it is also the cause for the author–right infringement. “How the user protect their author – right in the digital space?”, this essay is going to clarify this issue. 1. The author – right protection scheme of Tiktok When users create a piece of music or a song and upload it as a video to TikTok, then the song or piece of music when first posted will be marked by TikTok as an “Original Audio”. These works shall be achieved in the audio gallery by the Tiktok. In case other users are interested in these works, they have to affix the link source of the Original Audio to their own video. A piece of music, an audio, or a song is considered a musical work pursuant to cla...

1. Definition of cosmetics and important terms 1.1 Definition of cosmetics  Cosmetic product is a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition. Comparing the above regulations with the regulations in Article 2.1 Schedule B – ASEAN Cosmetics Decree, ASEAN Cosmetic Management Harmonization Agreement, Vietnamese law has certain adjustments. However, in terms of overall meaning and understanding, this regulation corresponds to the provisions of the ASEAN Cosmetic Management Harmonization Agreement.  The area and method of use of cosmetic products are limited to contact with external body parts. The primary purpose of use is to clean, perfume, change appea...

According to a report from the Department of Investment, 2023 is the year that attracts the most projects from Chinese investors. Specifically, there are 707 new investment projects from Chinese investors, accounting for 22.18% compared to 3,188—total new projects from more than 100 countries worldwide investing in Vietnam. Total investment capital in 2023 is up to 3,544.39 million USD.  In addition, the industry group “Processing and manufacturing industry” is the industry group that accounts for the most significant proportion of investment and outperforms other industry groups. Specifically, in 2023, the number of new projects for this industry group is 1,075, accounting for 33.72%.  These data show that Vietnam has always created favorable conditions for Chinese investors to invest in Vietnam, and Vietnam is also a potential market where investors aim to implement production projects.  For Beverage factory projects in Vietnam to operate production, Chinese investor...

A detailed description of the patent application is one of the mandatory requirements when registering a patent. Patent description is a complicated step, requiring the writer to have in-depth professional knowledge of the field of the patent, understand the patent nature, and also clearly understand the legal requirements when implementing. Therefore, this article will summarize some important requirements that patent applicants need to keep in mind and ensure when describing a patent.  In this stage, the applicant must describe in detail one or several methods of implementing the patent so that a person with average knowledge of the corresponding technical field can achieve the purpose of the concerned patent or implement the concerned patent. 1. Description of embodiments of structural-type patents A structure shall be described by components and connections (static state) based on the symbols on the drawings. Connecting features shall be fully described to include all of the...

Currently, many foreign investors enter joint ventures with Vietnamese investors at a rate of 65% to control all company operations. However, is 65% a ratio that can control all company operations without being influenced by Vietnamese investors?  1. General powers of company members   Capital-contributing members in the Company will have the following basic rights:    Attending meetings of the Board of Members, discussing, making recommendations, and voting on issues within the authority of the Board of Members;  Having several votes corresponding to the capital contribution;  Receiving profits in proportion to the capital contribution after the Company has fully paid taxes and fulfilled other financial obligations according to the provisions of law;  To be divided in the value of the Company’s remaining assets corresponding to the capital contribution when the Company is dissolved or goes bankrupt;  Priority to contribute more ca...

1. Proposal for Licensing and operations of microfinance institution The State Bank of Vietnam is collecting opinions on a draft Circular regulating the documents, Licensing procedure, organization and operations of microfinance institutions. The Draft Circular regulates that the Governor of the State Bank decides to grant Licenses to microfinance institutions. Licensing fees for microfinance institutions License are implemented under the law on fees and charges. Within 15 working days from the date of issuance of the License, the microfinance institution must pay the fee at the Operation Centre of the State Bank of Vietnam. Preparatory Board prepares a set of documents requesting approval in principle according to regulations and sends them to the State Bank. Within 10 working days from the date of receiving the application for in-principle approval, the State Bank shall send a document to the Preparatory Board confirming receipt of all valid documents; In case the dossier is inc...