Many Vietnamese businesses are still wrestling with the question of whether to protect computer programs’ intellectual property rights (IP) as copyright or patent. This decision could lead to completely different ways of commercializing, enforcing and protecting intellectual property rights associated with computer programs.
Determining the authorship of inventions (inventors) created with AI assistance has been a contentious issue in recent years. However, light is gradually emerging, though it is clear that this is not yet the end of the tunnel. In the case of Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), the Federal Circuit upheld the decisions made by the USPTO to reject two petitions seeking to designate an AI system as an inventor.
After the Court issues a judgment or decision to resolve a case, the next step that the winning party is interested in is how the legally effective judgment will be enforced. This article examines the specific steps a judgment creditor needs to know from when requesting judgment enforcement until the judgment enforcement is completed according to Vietnam’s civil procedural law.
On 26 March 2024, the Income Tax (Amendment) Bill 2024 and Labuan Business Activity Tax (Amendment) Bill 2024 were passed. Both Bills introduce amendments in relation to e-invoicing, with the Income Tax (Amendment) Bill 2024 proposing additional amendments on capital gains tax and tax payable. This legal alert sets out the key amendments introduced by the Bills.
On March 4, 2024, the Minister of Ministry of Finance (“MOF”) issued a new regulation through the Notification of Ministry of Finance re: Criteria, Methods and Conditions for Application For and Issuance of Virtual Bank License (“Virtual Banking Notification”), which came into effect on March 20, 2024.
In Vietnam, project financing has most commonly been used to finance power and infrastructure projects. There is no consolidated legal framework that governs project finance activities in Vietnam. In this guide, we examine project financing, highlighting critical legal and commercial considerations from the standpoint of foreign lenders and sponsors.
Government agencies assess that hackers continue targeting critical entities with increasingly sophisticated methods. These hacks have the potential to disrupt entire operations, and transactions, making sensitive data irrecoverable once it falls into the hands of hackers. Given this situation, on 8 April 2024, the Prime Minister of Vietnam issued a directive requesting ministries, sectoral, and local government agencies to review and assess the current cybersecurity situation.
This technical update covers: Decree No. 96/2023/ND-CP on the Law on Medical examination and treatment. decree No. 10/2024/ND-CP regulating high-tech zones, circular No. 22/2023/TT-NHNN on the State Bank of Vietnam amending Circular No. 41/2016/TT-NHNN on capital adequacy ratios, and others.
In this Insight we: 1) provide an overview of regulations on the electricity generation tariff, 2) recap the key principles of the pricing mechanism, 3) explain the key changes under the draft circular on determining electricity generation tariffs and power purchase agreements; and 4) outline the considerations and actions Government still needs to take.
Strong IP protection is essential for encouraging local and international businesses to invest in research and development, knowing that their creations and innovation will be safeguarded. This article all forms of IP protection in Cambodia.
In a significant step towards strengthening Vietnam's power security, the Ministry of Industry and Trade has released a draft amendment to the Electricity Law. In this Insight, we unpack key new provisions affecting offshore wind projects in the Electricity Law Draft and PDP8 IP.
As of 1 April 2024, the provisions concerning beneficial ownership reporting, as outlined in the amendments to the Companies Act 2016 through the Companies (Amendment) Act 2024*, have come into effect. The following provides an overview of the updated reporting framework.
An Environmental Trust was introduced by the Code of Environment and Natural Resources promulgated in 2023. The purpose of an ET is to encourage environmental protection, sustainability, and conservation. The implementation of ETs will commence from the beginning of July 2024.
On 29 March 2024, the State Administration Council (“SAC”) enacted the Union Taxation Law 2024 (Law No. 23/2024 or “2024 UTL”), which clarifies the tax rates and procedures for income tax, commercial tax, specific goods tax, and gemstone tax in Myanmar. The law is effective on 1 April 2024 or the start of the financial year 2024-2025.
The Law on Trusts was promulgated in 2019 to manage trusts which are established in Cambodia. The trust law determines not only the rules and procedure for the establishment, registration, management and control of financial trusts, but also of all types of trusts established in Cambodia.
This article provides some highlights of the land use scheme applicable to these two groups of land users: (i) Vietnamese citizens and (ii) persons of Vietnamese origin.
On 23 June 2023, the National Assembly adopted the new Law on Tendering effective from 1 January 2024. In an effort to foster a more competitive market, the Law on Tendering 2023 introduces significant amendments regarding the scope of application, methods, and procedures for selecting tenderers and investors. This post will summarize some notable changes in the Law on Tendering 2023.
The table in this update sets out the potential inconsistencies between agreements on ROFO, ROFR, Tag Along and Drag Along and the transfer procedures under Article 52 of the Enterprise Law 2020.
Important Vietnamese legal terms can be looked up, with the corresponding term in the other language presented (Vietnamese <-> English). Very helpful resource for those professionals working in both languages
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