The intellectual property group of Phuoc & Partners has experience in a wide range of intellectual property issues and keep pace with the ongoing development of intellectual property law in the modern era of electronic commerce and the Internet.
Their areas of practice include:
Our lawyers offer a full array of patent services including the preparation and prosecution of patent applications, including appeals to the patent. These services can include coordinating the filing and prosecution of PCT and/or foreign patent applications. Our lawyers also render opinions regarding patentability, infringement and patent validity, and conduct due diligence investigations.
Members of the Group offer a full range of services related to trademarks, service marks. In addition to regularly preparing and prosecuting trademark and service mark applications (including those which are claimed according to the Madrid Agreement Systems), they work with a network of firms outside Vietnam in the handling of foreign trademark and service mark matters. Our lawyers also advise clients and render opinions on the availability, use and enforcement of trademarks and service marks and audit of trademark portfolios.
Our lawyers’ counsel clients on a variety of copyright matters in such diverse fields as advertising, printed and on-line publications and computer software and on broadcasting rights (neighbouring rights). They are active in the preparation and filing of copyright registrations, and frequently advise clients on such matters as “work made for hire” issues to ensure that firm clients own the copyright to works they pay to have created. Our lawyers are also extensively involved in counselling clients regarding Internet-related copyright issues, including those involving framing, linking, and website development and ownership. Members of the Group also draft company e-mail and Internet usage policies.
d. Trade secrets, know-how and confidential information protection
Our lawyers provide counsel to clients in ways to protect the confidentiality of their critical business information in the day to day operation of their businesses and in specific transactions, such as hiring employees, contracting with third parties or negotiating the sale of their businesses. Members are commonly involved in drafting and reviewing confidentiality agreements, agreements for the sale of businesses and business assets, and employment agreements that contain restrictions on the use and disclosure of trade secrets and confidential information, and covenants against the competition.
e. Unfair competition
Our lawyers offer advice on counter-measures against unfair competition acts, whether such acts involve a blatant copy of clients’ packaging or domain name cyber-squatting. They can tailor practical and cost-effective action points to prevent such acts or recover squatted domain names in favour of clients.
f. Licensing and transfer, know-how and confidential information protection
As part of the firm’s transactional practice, intellectual property lawyers routinely deal with intellectual property issues (including patent, trademark, copyright, and trade secret issues) in the context of both specific intellectual property transactions and larger business transactions. They have experience negotiating, drafting and analysing technology transfer and licensing agreements and security agreements. As part of that work, they have specific legal experience in hardware and software development and licensing agreements, as well as maintenance and support agreements. They also render advice on corporate and tax issues relating to transactions involving intellectual property.
g. Litigation, know-how and confidential information protection
Experienced litigators within the Group handle a broad range of intellectual property litigation matters in courts and with State administrative agencies. They handle copyright, patent and trademark infringement cases. In addition, they frequently litigate trade secret and covenant against competition cases, and Internet domain name disputes. Finally, Group litigators work with other members of the Group to provide counselling on strategies for preventing litigation.