The newly released Licensing 2023 guide published by Lexology Getting the Deal Through features a chapter on Vietnam by four licensing specialists from Tilleke & Gibbins. The comparative guide provides companies and other interested readers with information on licensing law and practice in various jurisdictions around the world.
Licensing 2023 provides detailed information on the following topics:
- Restrictions, laws and licensing arrangements
- Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright
- Software licensing: Perpetual licensing, legal requirements, user restrictions
- Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors
- Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings
- Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages
- Termination: Right to terminate, impact of termination
- Bankruptcy: Impact of licensee or licensor bankruptcy
- Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers
The Vietnam chapter was authored by Linh Thi Mai Nguyen, partner and head of Tilleke & Gibbins’ trademark team in Vietnam; Son Thai Hoang, trademark executive; and Chi Lan Dang, associate, of Tilleke & Gibbins’ trademark team, along with corporate and commercial senior associate Tu Ngoc Trinh, who has extensive experience in franchising and competition law.
The Vietnam chapter is available below as a PDF.