Services

Intellectual Property Rights

“One of our distinguishing values and goals is to provide our clients with the most cost-effective solutions that minimize their risk and maximize their return.”

Apolat Legal is proud to be a legal consultancy having extensive experience in the field of intellectual property with a highly trained team specializing in domestic and foreign intellectual property law. We are a law firm certified by the Ho Chi Minh Department of Justice, and an industrial property agent officially recognized by the Ministry of Science & Technology and the National Office of Intellectual Property of Vietnam. Accordingly, Apolat Legal fully meets all statutory conditions to represent domestic and foreign right-owners to carry out the procedures of consulting, registration, opposition, anti-infringement and handling intellectual property rights disputes at all levels and forms.

Our main office is located in Ho Chi Minh City, the hub that connects specialized attorneys with IP professionals in each ASEAN country. These interconnected systems of professionals create the ability, at the local level, for staff to deliver ­first-rate services that meet our clients’ needs and expectations. These partnerships also provide a strong foundation by which we protect, establish, and defend our clients’ IP assets before several authorities along jurisdictions.

Managing and protecting intellectual property has become increasingly complex for global companies, which often have huge intellectual property portfolios and operations in multiple jurisdictions with varied Intellectual property laws and levels of enforcement. Rapid technological advancements have enabled infringers to become more sophisticated, and the rise of intellectual property as the main driver of mergers and acquisitions has made developing strategies to protect these assets even more important. With expertise in the luxury and fashion, fast moving consumer goods, technology, media and entertainment, manufacturing and healthcare industries, we advise clients on brand management, brand enforcement, copyright, Intellectual property litigation, trade secrets, intellectual property transactions, and intellectual property advisory. Based on our long experience in the field, we approach IP management as a strategic issue and have developed the people, processes and technologies to serve our clients.

Our mission is to provide the highest possible standard of legal service, always delivering opportune and reliable advice, empowering our clients to make the right decisions. The combination of IP expertise and profound knowledge along with service standards comparable to that of international law gives us the advantage to advise clients on their most complex disputes and deals.

Our working principle:

  • Responding quickly to all Client’s inquiries.
  • No hidden costs, other costs incurred without the prior consent of the Client.
  • Closely following up the status of registration outcomes until the final results are available and advise Clients on office actions related to trademark registration.
  • Free-of-charge consultation on all issues related to the agreed service.

We provide our clients with strategic IP advice, in areas such as:

  • Patents, Utility Models & Industrial Designs.
  • Trademarks, Advertising Slogans, Trade Names.
  • Copyrights & Related Rights.
  • Domain Names.
  • Licensing, Transfer of Technology & Franchising.
  • Anti-counterfeit, anti-infringement and right execution.
  • Litigation & Alternative Dispute Resolution.

Registration and common matters:

  • Registering Patent, industrial design, trademark, copyright and related rights.
  • Conducting clearance search before filling.
  • Opposition and third party opinions procedures.
  • Responding office actions.
  • Amending, withdrawing, waiving the certificate and/or the rights.
  • Renewal and maintenance services.
  • Right transfer and assignment.
  • Cancellation and invalidity.

Overall Intellectual Property portfolio asset management:

  • Brand protection strategies, brand enforcement, brand development search and clearance.
  • Comparative advertising.
  • Counseling on establishing, protecting, and capitalizing on non-registrable IPR.
  • Exploitation rights, regionally and globally.
  • Anti-counterfeiting and other enforcement programs.
  • Internet IPR disputes: domain names, cybersquatting, linking, framing, wall papering, mousetrapping, metatags and keyword programmes.
  • IP audits.
  • IP due diligence.
  • Licensing, franchising and other transactional intellectual property.
  • Registration strategies for trademarks, patents and designs.
  • Search and investigation reports, developing global and filing strategies.
  • Technical assistance and technology transfer agreements; trade practices and unfair competition law.
  • Value added advice on valuation, technical assessment, licensing, royalty recovery, tax strategies.

Handling IP infringement by administrative enforcement in Vietnam:

  • Work with competent  to provide solutions to IP enforcement.
  • Manage unfair competition/passing off successes in different product areas and industries.

Border enforcement in Vietnam:

  • Use of import and export intelligence.
  • Assist clients in recordal of rights with Customs in Vietnam.
  • Liaise with Customs and alerts of counterfeits in Vietnam.
  • Assist clients to confirm detained goods are counterfeits in Vietnam.

Handling IP infringements by civil & criminal prosecutions in Vietnam:

  • Assist in pre-trial investigations in Vietnam.
  • Obtaining injunctions and interim measures to preserve assets from moving out of the jurisdictions.
  • Advice on forum shopping.
  • Coordinate with attorneys in different jurisdictions to pursue civil prosecutions and obtaining injunctions against infringers on a global scale.
  • Thorough legal procedures and investigations to trace the sources of infringement worldwide.
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