Anti-dumping Case AD06 Relating to Fiberboard of Wood Products Ended

  Requesting Party of Anti-dumping case AD06 comprises of 04 companies representing the domestic industry: (i) VRG Kien Giang MDF Joint Stock Company; (ii) VRG Dongwha MDF Joint Stock Company; (iii) MDF VRG – Quang Tri Wood Joint Stock Company and (iv) Kim Tin MDF Joint Stock Company. Requesting Party accused fiberboard of wood imported from Thailand and Malaysia of having been dumped into Vietnam market with dumping margins from 18,59% to 50,6% and this dumping is the main cause of significant injury to manufacturing of industrial wooden planks of Vietnam.

Products under investigation: some fiberboard of wood or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, with the HS codes 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, 4411.94.00 originated from Thailand and Malaysia.

The investigating period: (1) The investigating period to determine dumping activities: from Jan 01^st, 2018 to Dec 31^st, 2018; (2) The investigating period to determine the damages of the domestic industry: from Jan 01^st, 2015 to Dec 31^st, 2018.

On Oct 23^th, 2018,  Trade Remedies Authority of Vietnam (TRAV) received Dossier of request for investigation, application of anti-dumping measures.

TRAV has issued official dispatch No. 963/PVTM-P1 dated Nov 6^th, 2018 and official dispatch No. 48/PVTM-P1 dated Jan 16^th, 2019, requiring the Requesting Party to supplement the dossier.

On Jan 27^th, 2019, Requesting Party fully supplemented the required information.

On Feb 01^st, 2019, Investigating authority issued official dispatch No. 105/PVTM-P1 confirming that Dossier is valid, complete and send letter to Royal Thai Embassy and Embassy of Malaysia in Vietnam, informing about the receipt of complete and valid dossier.

On Mar 18^th, 2019, the Ministry of Industry and Trade issued Decision No. 623/QD-BCT on the extension of the decision of investigation for another 30 days.

On Apr 18^th, 2019, the Ministry of Industry and Trade issued Decision No. 940/QĐ-BCT on investigation of the application of anti-dumping measures on fiberboard of wood products or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, originated from Thailand and Malaysia (case number AD06).

On May 02^nd, 2019, Investigation Questionnaire is issued for domestic importers, producers and foreign exporters, producers in AD06 case. The time limit to answer Investigation Questionnaire is 17h00, Jun 10^th, 2019 (Hanoi time).

To ensure relevant enterprises’ rights and interests, the Investigation authority asks that all of relevant domestic importers, producers should participate to fully cooperate throughout the investigation of the case. The contents’ Investigation Questionnaire shall be basis for the Investigation Body to consider the conclusion.

On Jan 14^th, 2020, Minister of Industry and Trade signed the decision of termination the investigation and no application anti-dumping measures on some fiberboard of wood products (fiberboard of wood MDF) imported from Thailand and Malaysia.

Over 7 months of investigation according to regulations of World Trade Organization, Law on foreign trade management 2017 and other relevant regulations, Ministry of Industry and Trade has examined and carefully evaluated the losses of domestic industry, level of dumping of producers from Thailand and Malaysia, as well as considered and calculated the impact on the industry and consumers of fiberboard of wood products. The results of investigation show that the domestic industry has not been significantly damaged or threatened to be significantly damaged because of imported goods from Thailand and Malaysia.

Therefore, according to regulations of Vietnam law relating to trade remedies and Anti-Dumping Agreement of World Trade Organization, Ministry of Industry and Trade decided not to apply anti-dumping measures on fiberboard of wood products imported from Thailand and Malaysia. Ministry of Industry and Trade will coordinate with the relevant authorities to watch closely the import situation, sign of dumping of foreign producers/exporters as well as operation, production and trading reality of domestic fiberboard of wood industry to recommend the necessary measures according to regulations.

Our international trade and tax lawyers, and antitrust lawyers at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

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Overview of PCT System for Invention Protection Abroad

  PCT System is a tool which helps protecting Inventions abroad and based on the Patent Cooperation Treaty (PCT). PCT is international treaty with more than 150 Contracting States. This system makes it possible for patent owner to protect theirs invention simultaneously in a large number of country by filing only one international application instead of national or regional submitting, normally through the support of IP attorney.

However, the patent is granted under the control of national or regional patent offices via national phase. The application when filing by this system is called PCT application. The general PCT procedures includes: filing application; international search; international publication; supplementary international search (optional); international preliminary examination (optional); national phase.

PCT is widely used by individuals and different organizations. Patent owner is entitled to file PCT application if they are a national or resident of a PCT Contracting States. If there are several applicants named in the international application, only one of them needs to comply with this requirement. Also, the PCT application can be filed, in most case, with national patent offices or directly with WIPO if pursuant to national law.

One of the most important matters which applicant notice is the time schedule when filing PCT application. Normally, applicant will have up to 18 months from the time they file their international patent application (or usually 30 months from the filing date of the initial patent application of which they claim priority) before they enter national phase with the separate procedures of each national patent offices. Be noted that you always can ask for an early entry into the national phase without waiting for the expiration of 30 months.

During the time period of PCT process, the PCT application will be gone through an international search which is the main search beside supplementary international search, by International Searching Authorities which may be either a national office or an intergovernmental organization, such as the International Patent Institute, whose tasks include the establishing of documentary search reports on prior art with respect to inventions which are the subject of applications, with the result of an international search report. The report enable applicant to evaluate the chances of obtaining patents in national phase. After that, the application will be published or this step called International publication. WIPO (World Intellectual Property Organization) publishes the international application shortly after the expiration of 18 months from the priority date together with the international search report on PATENTSCOPE. After the international publication, applicant can also request for a second evaluation of the potential patentability of the invention which is International preliminary examination. This examination allows applicant to amend the international application before entering the national phase. At the end of the procedure, an international preliminary report on patentability will be issued. This report give the opinion on the compliance with the international patentability criteria of each of the claims which have been searched and an even stronger basis on which to evaluate the chances of obtaining patents.

Finally, you may decide to push your application go further when proceeding with national phase. From that time, the procedures would comply with the national where it is elected or designated.

For PCT registration in Vietnam, the patent attorney at law company will be of help for advisory, and filing with National Office of Intellectual Property in Vietnam.

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Temporarily Stop Granting Work Permits to Foreigners Originating from Infected Area Because of Covid-19

  An outbreak of acute respiratory infections caused by a new strain of Corona virus (nCoV) was first detected in Wuhan City, Hubei Province, China in December 2019. Up to now, the disease has spread to many cities in China and more than 20 countries in the world including Vietnam. Facing new complicated movements of the acute respiratory disease epidemic caused by a new strain of Corona virus (Covid-19), on February 2^nd, 2020, the Vietnam Minister of Labor, War Invalids and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening measures to prevent and control Covid-19 epidemics through the tighter control of immigration process, including the grant of visa, work permit, temporary residence card for foreigners originating from infected area.

Accordingly, the Ministry of Labor, War Invalids and Social Affairs shall propose the Employment Department and the Department of Labor, War Invalids and Social Affairs, the Management Boards of industrial parks, export processing zones and economic zones of localities to temporarily stop granting work permit for foreign workers from epidemic areas during the time when Vietnam declared the disease. This affects the entry into Vietnam of foreign workers who have not yet been granted a work permit under the law. According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c Clause 4 Article 1 of the Law on Entry, exit, transit and residence of foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019 foreign workers to be granted LD1, LD2 visas and temporary residence cards of the same type, should be issued with a work permit in Vietnam. In addition, foreign investors in Vietnam are also affected, because the temporarily stoppage of granting of work permits will also affect the application for certification of foreign workers’ eligibility for exemption from work permit for investors, it also affects the foreign investor's temporary residence card application.

In addition, it is required that enterprises and organizations employing foreign workers to temporarily stop accepting workers from China returning Vietnam after Tet holiday to work and foreign workers moving to endemic areas during the Covid-19 epidemic announcement. In case of having received such, the enterprise must report the list of employees who have just returned to Vietnam from China with the necessary information as required, carry out isolation measures at places of residence and workplaces under the guidance of the health authorities, and at the same time monitor and examine health within 14 days from the date of entry into Vietnam.

Labour lawyers at law company shall closely monitor the changes of labour law to provide client with update.

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Update Developments of Request for Investigation of Anti-dumping PFY Originating From China, India, Indonesia and Malaysia

 On Nov 07^th, 2019, Trade Remedies Authority of Vietnam (Investigating Body) received Dossier of request from companies representing the domestic industry (Requesting Party). The Dossier requests for investigation of the application of anti-dumping measures on long-fiber products made from polyester (PFY) originating from China, India, Indonesia and Malaysia from companies representing the domestic industry (Requesting Party).

On Nov 22^th, 2019, Investigating Body issued official dispatch No. 1056/PVTM-P1 requiring the Requesting Party to supplement, adjust to clarify some contents of the investigated goods, methods and basis for determining dumping margins and losses of the domestic industry.

On Dec 31^st, 2019, the Requesting Party fully submitted all additional information as requested.

On January 09^th, 2020, the Requesting Party provided additional documents to clarify additional information on the method of calculation, determination dumping margins.

On January 21^th, 2020, Investigating Body confirmed that the dossier is complete, valid in accordance with laws on trade remedies.

According to Law on foreign trade management 2017 and guiding or related documents, next steps of anti-dumping case as follows:

Investigating Body shall examine the Dossier to submit to the Minister of Industry and Trade for consideration whether to conduct or not to conduct an investigation: 45 days from the date of receiving a complete, valid dossier, which means January 21^th, 2020. Contents of Dossier examination include: (i) Determine the legal representative status of the domestic industry of organizations, individuals that submit the Dossier; (ii) Determine evidence on the dumping of imported goods that cause or threaten to cause significant injury to a domestic industry or significantly prevent the formation of a domestic industry.

I order to prepare the examination, as well as to ensure the legitimate rights and interests of the enterprise, the Investigation Body suggests that the domestic enterprises producing/trading in the same goods mentioned above provide the following information: (i) Information about the enterprises; (ii) Design capacity and production of long fiber products made from polyester (PFY) in 2016, 2017, 2018 and 2019; (iii) The company’s opinion on the case (agree, disagree, no opinion); (iv) Any other documents/evidence that the company thinks it is related to the case. The time limit for providing the above information is before 17:00 on February 14^th, 2020 (Hanoi time).

To have more time to review the case file and relevant information, on March 05^th, 2020, Ministry of Industry and Trade has issued Decision no. 752/QD-BCT on extension of 30-day time limit for making a decision to investigate the case. Accordingly, the last time limit for issuing decision relating to this case is extended to April 06th, 2020.

The International Trade and Competition lawyers of law company will continue and follow the update from government agencies and advise client on the progress as it develops.

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Four Steps of Patent Application Processing Procedures

  After submitting patent application at National Office of Intellectual Property in Vietnam (NOIP), the applicant will concern on how their application will be processed.

Specifically, patent application will be gone through the following phases: receipt of application; formality examination of application; substantive (ex-officio) examination of application; grant of or refusal to grant protection titles; official registration and publication of decisions on the grant of protection titles.

Firstly, receipt of patent application:

When receiving the application in this first phase, the NOIP will check and prepare with the documents listed in the declaration to consider whether to receive the dossiers. In case of sufficient dossiers according to the law, the receiving officer shall receive the dossiers and stamp the submitting date in the dossiers and send back a declaration to the applicant. In case of insufficient dossiers, the NOIP shall decline to receive the dossiers.

Secondly, formality examination of patent application:

The purpose of formality examination is for examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid. If the application is valid, it will be proceeded to the next step, otherwise, it will be denied. The formality is considered related to the language in the application, application presentation, word size; the declaration must ensure the compulsory information and be uniformed; regarding the documents required to have the confirmation of competent authority then those documents must have that seal. Besides, the NOIP also check the filing date and priority date (if any). If there are any errors in the dossiers, the NOIP will send a notification to applicant of intention to refuse the valid application and set a period so as the applicant can correct the errors. In case applicant does not reply to the notification, the NOIP will issue the refusal notification of the application; if the application is valid, the NOIP will issue the acceptance notification of the valid application.

Thirdly, publication of valid application:

After being accepted the validity, the NOIP will publish the valid application on Industrial Gazette in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within two months after it is accepted as a valid application, whichever is later. If the patent application is under the Patent Cooperation Treaty, it shall be published within two months from the date it is accepted as a valid application and entering the national phase. Regarding the application which request for earlier publication, it shall be published within two months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Fourthly, substantive examination of patent application;

The purpose of substantive examination is to assess the protect ability of objects stated in those applications under the protection conditions and corresponding protection coverage. Be noted that during the substantive examination process to the application having the priority, the NOIP may use the searching information result and corresponding substantive examination result of the application submitted abroad. However, the applicant could actively provide the following documents for substantive examination: (i) searching information result and corresponding substantive examination result of the application submitted abroad (ii) the copy of protection title on the basis of similar application submitted abroad (iii) the documents related to technical art of the subject mentioned in the application which provided by oversea competent authority and other documents. The content of substantive examination is to assess the corresponding of the subject in the application to each protection claim. After finishing the substantive examination period, the NOIP will issue one of the following notifications:

• The subject in the application does not satisfy the protected conditions or satisfies the protection conditions and remains some errors. Then, the NOIP will issue a notification of intention of refusal to grant protection title and set a period for applicant to have opinion and correct the errors. If the applicant replies to the notification and the NOIP considers to be suitable, then NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.
• If the subject in the application satisfies the protected conditions, the NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

In both the above cases, if the applicant submits the granting fee, publication of granting decision fee; registration protection title fee and first year remaining validity fee, applicant will then be granted the patent registration certificate. Every year, applicant will have to submit the remaining validity fee, otherwise, the protection title will be invalid.  It is suggested that patent attorney will be assigned to follow up with the authority for effective management of IP properties.

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Transfer of Trademark Application

  After filing of the application for a trademark registration, applicants might wish to transfer theirs application to others. There are lots of reasons for this but most of them derives from practical business activities and development needs of market, and society. For instance, two subjects transfer the application to each other for profit purpose; individuals want to set up an enterprise in the future and register a trademark as individuals and then transfer the application to the legal person to get early the priority date; at the moment, individuals are unqualified to be applying in applicants’ s name then individuals have others to do in application, in the appropriate time, and when the individuals are qualified according to statutory, they would implement the procedure of transfer the application.

Transfer of application for a mark registration is implemented on voluntary basis between the parties or decision of the competent authority and shall be presented in the form of a written contract. However, owner of application is only allowed to transfer application at the following times: before National Office of Intellectual Property of Vietnam makes a decision on refusing to accept the application, decision on issuing or refusing to issue protection titles. If one of the parties in contract transfers application for transfer registration after the time mentioned above, that application shall not be accepted.

Necessary documents when implementing the procedure of transfer of application for a trademark registration include:

• Transfer contract: Contract must show name and address of transferor and transferee; the number of transfered applications or sufficient information to determine that application;
• Declaration for registration of transfer;
• Power of attorney (if authorized to industrial property agent i.e. ANT Lawyers).

According to regulations, duration of examining application for transfer registration is 2 months from the date of submission the application. However, this duration can be faster or slower, depending on the workload of National Office of Intellectual Property at the time the application is examined.

If the Client would like to know more about information and to be consulted about matters relating to transfer of application for a mark registration, please contact Intellectual Property department of ANT Lawyers, the trademark attorney in Vietnam.

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Assignment of International Trademark Registration

  In the progress of world integration, goods trading activities between countries and regions are becoming more and more developed, then the matters related to intellectual property is gradually being focused.

The individuals and organizations are aware of the benefit of registration the intellectual property subjects. In particular, they registered internationally for their trademark when widen their business abroad. After that, when trademark owner might wish to assign that granted certificate trademark to others for economic or other reasons.

What is the assignment of international trademark process?

In this case, international trademark was registered under Madrid agreement and Madrid Protocol, established under decision on acceptance for protection or international registration protected in Vietnam issued by National office of Intellectual property Vietnam (NOIP). Accordingly, the trademark application originated from Vietnam submitted to International office via NOIP. Thus, trademark owner whom wish to assign or register their trademark internationally pursuant to Madrid system would submit application via NOIP. However, for the application which appointed in the country which is the member of Madrid agreement, parties may request the international office to conduct the assignment procedure.

When conducting the assignment procedure via NOIP, applicant needs to prepare following documents:

• Declaration for international trademark assignment;
• Declaration of international office;
• The copy of international trademark certificate in Vietnam;
• The copy record of assignment to the local trademark;

Besides, other documents will be required based on specific cases.

If Client needs any other information or requires for further advice, our IP attorney at law company, the IP agent in Vietnam will be available for service.

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