Your intellectual property is the foundation of your competitive edge. Ascentral Partners provides comprehensive support to foreign and local clients in Vietnam, ensuring the creation, registration, and enforcement of your vital intangible assets. We focus on diligent protection and management, preserving the value of your innovation and creativity in the marketplace.
Intellectual Property
Trademark Registration
- Availability Search & Analysis: Conducting comprehensive searches to determine the availability and registrability of trademarks in Vietnam and internationally.
- Filing & Prosecution: Preparing, filing, and managing the prosecution of new trademark applications with the National Office of Intellectual Property (NOIP).
- Objection & Opposition: Responding to NOIP office actions and representing clients in opposition or cancellation proceedings.
- Renewals & Maintenance: Managing the renewal schedule and handling post-registration maintenance procedures for existing trademarks.
- Assignment & Licensing Recordal: Recording changes in ownership (assignment) and licensing agreements with the NOIP.
- Brand Strategy: Advising on brand protection strategy, classification of goods/services, and use requirements.
- International Filing: Assisting with international filings via the Madrid Protocol or direct national filings.
License & Franchise
- Franchise Structuring: Advising on the legal structure for establishing a franchise system in Vietnam, compliant with the Commercial Law.
- Franchise Registration: Preparing and securing the mandatory Franchise Registration Certificate from the Ministry of Industry and Trade (MOIT).
- Drafting Agreements: Drafting and negotiating comprehensive Franchise Agreements and master license agreements for cross-border operations.
- Technology Transfer: Drafting and registering Technology Transfer Agreements with the relevant Vietnamese authorities.
- IP Licensing: Preparing and registering all forms of IP licenses (e.g., trademarks, patents, copyrights) to ensure legal validity.
- Regulatory Compliance: Ensuring ongoing compliance with all Vietnamese regulations specific to franchising, advertising, and technology transfer.
IP Dispute
- Infringement Investigation: Conducting investigations and market surveillance to identify and document instances of trademark, copyright, or patent infringement.
- Enforcement Strategy: Developing and implementing comprehensive strategies for civil, administrative, and criminal enforcement against infringers.
- Administrative Action: Representing clients in pursuing administrative actions (e.g., cease and desist, fines, seizure) through the Inspectorate or relevant agencies.
- Civil Litigation: Initiating and managing IP infringement lawsuits in Vietnamese courts, including claims for damages and injunctions.
- Customs Recordal & Border Measures: Recording IP rights with Vietnamese customs authorities and coordinating action against counterfeit imports/exports.
- Dispute Negotiation: Leading out-of-court negotiations and mediation efforts to resolve IP disputes efficiently.
- Anti-Counterfeiting: Developing and managing long-term anti-counterfeiting programs.
