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Intellectual Property

Frasers’ Intellectual Property practice is led by one of the founders of the Intellectual Property system in contemporary Vietnam. We are able to draw on more than three decades of experience in this field, including specialist expertise in the formation and protection of intellectual property rights, as well as strong government networks. We are at the forefront of this core and growing specialist area of law, and our clients benefit from the close connections we have with the leaders in this sector.

A sampling of our highlight matters in this area includes:

  • Reviewing the draft Framework Marketing Collaboration Agreement in the advertising sector. Especially, the review focused on the intellectual property protection requirements that an advertiser like the Client needs to be aware of when it receives intellectual property from its customers.
  • Acting for our client in relation to its investment transaction that involves a US-based global distribution solutions business with operations and employees in Vietnam, requiring legal due diligence over the target company’s subsidiary in Vietnam, especially in its current status of software design and various trademark ownership/registration
  • Acting as local counsel for an Indian multinational pharmaceutical company in relation to its cross-border extension of the licence granted to it by a foreign entity, the owner/developer of the Customer Relationship Management solutions (CRM), under which our client and its subsidiaries and affiliates are granted with the licence to use such CRM platform.
  • Acting for a Vietnamese bank on the complex restructuring of its equity holding and IP asset holding structures that include (i) the transfer of numerous registered and pending trademarks and copyright from an offshore holding entity to the Vietnam operating entity; (ii) the contribution to the equity capital of the Vietnam operating entity of the unregistered IP rights and software owned by an offshore entity; and (iii) the entry by the group’s senior managers and executives into IP assignment agreements and NDAs with the Vietnam operating entity. 
  • Acting for a Japanese machinery and tools manufacturer and distributor in relation to infringements of its trademark rights and registered domain name rights being perpetrated by a business in Vietnam (which is trading under names, logos, and domain names being either identical or deceptively similar to our client’s registered trademarks and domain names and selling imitation products being passed off as our client’s products).
  • Acting for a fast-food chain in Vietnam to provide it with detailed Vietnam law advice and assistance in relation to various key aspects of its franchising structure in Vietnam, including reviewing and overhauling its key franchising agreements and advising and assisting our client in connection with its franchise registrations and approvals in Vietnam.
  • Acting for an Italian insurance corporation in its bidding process for an exclusive long-term bancassurance partnership with one of the top ten commercial banks in Vietnam with strong retail growth. We provided detailed Vietnam law advice and strategical advice and assistance in relation to a range of complex and sophisticated bancassurance partnerships, including, without limitation various structures, layers, and protection mechanisms relating to the Intellectual Property of the bank and the insurer during the long-term partnership and how to deal with integration issues between those entities.
  • Advising our client regarding its proposed template (USA-friendly) for inventions assignment agreement to be entered with local Vietnamese employees. The matter involves various legal aspects, from IP law in relation to inventions and IP works created by the employees to labour law with respect to the relationship between the employees and respective employers and group companies. 
  • Acting for an Australian software company in relation to the preparation of its internal IP management and protection policies and procedures and guiding the company through the process of ensuring that these policies have the full force of law in Vietnam and are enforceable against the company’s employees.
  • Acting for a leading Japanese convenience store business in relation to the negotiation of a crucial Trademark Licence Agreement, to be deployed in connection with its extensive convenience store operations in Vietnam.