Công ty dịch vụ luật Apolat Legal

Pursuant to Labor Code 2019, there are two types of labor contracts: definite-term and indefinite-term labor contracts 2 . In respect of the indefinite-term labor contract, the employer and employee might terminate the labor contract in the case as follows: ( i ) Parties jointly agree to terminate the labor contract or (ii) a Party uses the rights of unilateral terminating labor contract in compliance with labor regulations or (iii) employees have imposed a disciplinary measure of dismissal. Regarding the termination of the definite-term labor contract, when the contract expires, employers decide not to renew the labor contract. In this case, whether the labor relations are automatically terminated ? What legal issues should employers consider if they do not want to renew a labor contract? 1. Provision of definite-term employment contract       Following the regulations of Labor Code 2019 , a definite-term labor contract is the type of contract in which the e...

Employees are valuable and potential assets, constituting one of the essential factors for ensuring the stable and robust operation of a business. Simultaneously, employees can also be regarded as having significant profit for the business. They can contribute their talents and ideas to the enterprise. For enterprises engaged in production and industries that require the contribution of employees in unfavorable working conditions, such as mining, tobacco processing, and plastic packaging, which may have an adverse impact on employee s’ h ealth. C urrent legal regulations are highly concerned with the issuance of support policies and compensations for workers. For example, employees working in hazardous environments are entitled to 16 days of annual leave per year, which is high er than other types of employees . Among which, it is worth mentioning the policy of non-monetary compensation for employees working in arduous and hazardous environments.   Nguồn: https://ift.t...

In the transfer or assignment of the right to exploit intellectual property rights , one of the most important issues to be agreed by the parties is the valuation of transfer/assignment of the right to exploit intellectual property rights . In this article, Apolat Legal introduces the three current popular methods of valuing intellectual property rights .  1. Method 1: Income-based method  According to this method, the calculation of the value of intellectual property rights is based on the nature of the work/subject matter of intellectual property rights (collectively referred to as “intellectual property”), whereby the value of an intellectual property is assessed on the basis of the historical, current and expected future economic benefits of such property. Basically, this method focuses on the estimated income that the intellectual property right holder expects to receive during the validity of the intellectual property right. Under actual valuation of intellectu...

After the mark registration period for more than 2 years, some businesses, for various reasons, are no longer interested in the registered mark or because they do not have a clear understanding of the risks when using the mark improperly, they decide to “reform” their mark to tally with the trend or to be in line with the company’s business strategy. This inadvertently causes many risks for businesses in the process of using the mark. The following article is to help readers understand more about the risks of using variations of marks as well as how to use marks properly.  Risks of using marks improperly: Invalidation of registered marks : Indeed, after successful mark registration, one of the main reasons why many businesses “lose” their marks is not using the marks or not using them in a proper way (remove or partially change the marks). Specifically, according to the law, after registering a mark, the mark owner is obliged to use his/her mark. If the mark is not put into use ...

In most countries including Vietnam, a mark is only protected to the extent of the goods and services identified in the mark registration application. This mainly proceeds from the primary purposes of mark registration which is to protect the difference of a mark and prevent confusion for consumers when choosing to consume certain goods and services. In fact, if similar marks are used for different types of goods and services (e.g. restaurants and software companies), it is very unlikely that this will actually cause confusion for consumers about the commercial origin of products and services. Therefore, the classification of goods and services upon mark registration plays a big part in the mark registration process, thereby determining the scope of mark protection. 1. Nice classification of goods and services in classes upon mark registration The Nice Classification is part of the 1957 Nice Agreement. In which, the Nice Classification lists 45 classes of goods and services u...

In most countries including Vietnam, a mark is only protected to the extent of the goods and services identified in the mark registration application. This mainly proceeds from the primary purposes of mark registration which is to protect the difference of a mark and prevent confusion for consumers when choosing to consume certain goods and services. In fact, if similar marks are used for different types of goods and services (e.g. restaurants and software companies), it is very unlikely that this will actually cause confusion for consumers about the commercial origin of products and services. Therefore, the classification of goods and services upon mark registration plays a big part in the mark registration process, thereby determining the scope of mark protection. 1. Nice classification of goods and services in classes upon mark registration The Nice Classification is part of the 1957 Nice Agreement. In which, the Nice Classification lists 45 classes of goods and services u...

Nowadays, it is not difficult to find products that are cakes, candies, juices and many other products that are food imported from abroad for consumption in Vietnam. For a product to be displayed and traded in the Vietnamese market, surely that product will need to go through a certain procedure according to current regulations to be circulated and brought to consumers. This article will provide several legal issues related to the conditions of importing food from abroad and some other related matters that the owner should consider. 1. What is food?  According to the provisions of laws, food is defined as the product that people eat, drink fresh or have been preliminary processing and preserving. Food does not include cosmetics, cigarettes and substances used as pharmaceuticals. Besides, some other types of foods are not aimed at making consumers able to satisfy the needs of eating and drinking in daily activities. Instead, consumers can use functional foods (health food) for a...