A start-up is a new business venture that aims to meet a marketplace’s need, want or solve problems by developing a viable business model around products, services, processes or platform. It goes without saying that almost every tech start-up has an idea that’s probably worth protecting. An idea is nothing but an intellectual property (IP). An idea can take form of codes, algorithms, research findings etc. A start-up that relies on IPR must ensure that their IP is fairly protected. Unfortunately, this area remains neglected in the race of giving best products or services to satisfy clients. As a result, an IP on which a start-up actually relies is not sustained longer. The question looms that “do they really know about the legal rights while protecting IP?”
It is important for start-ups to secure all their legal aspects and have a clear vision on how to proceed with their idea. Understanding legal rights would help start-ups avoid IP disputes which can incur hefty fine, litigation cost or even closure. The most important IP rights under which a start-up could protect its intangible assets and amass financial benefit from their usage are patents, trademarks and designs.
Most start-ups have informal working atmosphere since they majorly constitutes friends, colleagues and relatives. Such start-ups may face problems in the long run especially if certain formal requirements are not fulfilled. Legal agreements in the form of non-disclosure agreements, among the founders, employees and vendors are extremely important in order to protect the intangible assets of an organization from infringement and to protect trade secret. During commercialization, a start-up should always keep in mind the disclosure of the inventive product or process before the registration because IP rights would be of no use without prior disclosure. Accordingly, founders must take expert opinions regarding product commercialisation and process disclosure before patenting or applying for industrial design. Once these aspects have been strategized, and required measures are taken, the product may be launched into the public domain.
IP is an interesting area of law and is extremely relevant for start-ups and entrepreneurs. Knowing just the benefits of IP are not enough, start-ups also need to know their legal rights, since a small mistake might end up costing them millions.
Source: Entrepreneur India
Partner – Patent & Trademark Attorney
Tel: (+84 24) 3993 3799
Practicing Intellectual Property Law since 2002, Manh has been a qualified Registered Patent and Trade Mark Attorney in 2012. Manh has rich experiences in serving our clients with high quality and cost-effective trademark & patent services in ASEAN countries: Vietnam, Laos, Cambodia, Myanmar, Philippines,etc.
• Patent Drafting/Translation
• Patent/Trademark Prosecution
• Patent/Trademark Search
• Management of Intellectual Property Databases System
EDUCATION / QUALIFICATIONS
• 2015: Centre d’Etudes Internationales de la Propriété Intellectuelle – CEIPI, University of Strasbourg, France – Master’s degree of Trademark & Industrial Design
• 2012: National Office of Intellectual Property of Vietnam – Registered Patent and Trademark Attorney, Vietnam
• 2010: Vietnam Institute of Justice – Certificate of vocational training course for lawyers
• 2007: General Course on Intellectual Property of WIPO – DL101E certificate
• 2007: Hanoi Law University – B.A
• 2001: Hanoi College of information technology (ESTIH) – Certificate of Technical & Administrative Informatics Field Of Study Informatics
• 2000: Hanoi Foreign language University – Bachelor’s degree Field Of Study French Language and Literature
• French: Professional working proficiency
• English: Professional working proficiency
Partner – Head of IP Enforcement & Litigation
Tel: (+8428) 6288 5149
Viet is the head of IP Enforcement & Litigation and operates the Ho Chi Minh City Office of GreenIP. He is an experienced advisor having deep knowledge of intellectual property (“IP”), logical reasoning, analytic abilities to advise clients on IP & brand protection strategy and practical experience in trade to determine IP right infringements and take IP right enforcement actions against infringers.
Over his career, Viet has gained experience in all aspects of IP in Vietnam, including patents, industrial designs, trademarks, copyright, investigation, and enforcement across a wide range of industry sectors. Before joining in GreenIP, Viet is the Deputy Head of IP & Technology Group in a famous law firm and Online Enforcement Manager for South East Asia region of an international organization.
• Working closely with Online Enforcement Centre in Macedonia to monitor 40 brands in Vietnam and South East Asia
• Successfully convincing legal counsel of Facebook Inc. to clearly understand Vietnamese IP law and block access to trademark infringement content;
• Successfully opposing a decision of HCMC Inspectorate to force an owner of restaurant to voluntarily change the brand identity of his restaurant;
• Following litigation process to successfully defend a client in a civil lawsuit on design infringement claimed by Unilever Vietnam who had to withdraw their complaint;
• Following litigation process to successfully defend Binh Minh Plastic JSC in a civil lawsuit on unfair competition, the result of the 1st instance is to reject plaintiff’s complaint;
• Involving investigation stage to trace infringer’s warehouses and teaming up with market surveillance agency to prepare execution plan for seizing counterfeit goods;
• Acting as authorized agent of a plaintiff and collecting most of evidences to sue a famous company in F & B industry for trademark infringement;
• Serving warning letters to trade center management boards, e-commercial operators and providing sufficient explanation for them to break trading connections with infringers;
• Acting as agent of a Vietnamese inventor to take his PCT applications entered into national phase of 19 countries (USA, Japan, South Korea, Australia, Canada, Russia, Singapore, China, Thailand, Indonesia, Philippines, India, UAE and 06 countries in Europe)
• Advising a local book company on strategy and legal basis to overcome copyright violation claims of a Japanese publisher.
• Advising a package company on strategy and legal basis to successfully convince an artist to withdraw his complaint on copyright violation filed at the Court of Ho Chi Minh City