1. Why should you register the inventions of tobacco, cigars, cigarettes and smokers' requisites in Vietnam?

As many other industries, the industry of manufacturing and distributing tobacco, cigars, cigarettes and smokers' requisites always requires constant innovation to develop. Therefore the numbers of inventions in this area continuously increase through the years. In modern life, inventions are very important, however, it is also easy to copy or steal an invention nowadays. Companies need to pay more attention to the registration of inventions in order to protect inventions, and at the same time, receive outstanding benefits as below:

- Secure the exclusive rights of the owner of the invention to use, manufacture and distribute products based on the invention. Other companies, organizations, and individuals are not allowed to use or copy the invention unless they have permission from the owner.

- Create the legal basis for the authority to identify the rightful owner of the invention in case there is a dispute related to the ownership of the invention between companies, organizations or individuals. In addition, with a patent, the authority will impose adequate sanctions on entities that violated the intellectual property rights of the owner.

- Establish and strengthen great competitive advantages of the owner before other companies in the market. It also has great impact on the marketing strategy of the companies. A patent will establish a good impression on the customers, make the companies more reliable, thus, selling more products and increasing the revenue of the companies.

- Create more profit for your company by licensing or transferring the invention to other entities in the market who want to use the invention lawfully.

- Be used as a property to be contributed to other companies’ capital, or contributed to business cooperation contracts and investment projects.

The above are only a few of the many advantages that you will enjoy if you register your inventions. Please remember that it is very important to register the invention as soon as possible, because if you wait until it is famous, it will be too late.

2. What are inventions of tobacco, cigars, cigarettes and smokers' requisites?

In general, inventions can be understood as technical solutions that apply natural principles for the purpose of resolving specific issues in our life. These solutions can be indicated in the forms of technical apparatuses, machines, mechanisms or technical methods and processes. There are two forms of patent, which are Invention patent and Utility solution. Generally, an invention shall be granted a patent if it meets the following requirements:

- It is novel;

- It is creative, not common knowledge;

- It is susceptible of industrial application.

In the process of registering for a patent, the inventions will be classified into different Classes of the International Patent Classification. The inventions of tobacco, cigars, cigarettes and smokers' requisites are classified into Class A24 of Section A, which mainly includes some particular products or processes as below:

- Preparation of tobacco on the plantation;

- Preparing tobacco in the factory;

- Stripping tobacco; Treatment of stems or ribs;

- Tobacco-twisting machines;

- Tobacco for pipes, for cigars, e.g. cigar inserts, or for cigarettes; Chewing tobacco;

- Machines for making cigars or cigarettes;

- Cigars; Cigarettes; Tobacco smoke filters, e.g. filter-tips, filtering inserts; Mouthpieces for cigars or cigarettes;

- Tobacco pipes; Ash-trays; Cases for tobacco; match boxes;

3. How to register the inventions of tobacco, cigars, cigarettes and smokers' requisites in Vietnam?

An application dossier of invention registration for tobacco, cigars, cigarettes and smokers' requisites shall contain the documents and papers as below:

- Declaration Forms of Invention Registration (02 copies that following the prescribed form);

- Protection request of invention/utility solution (02 copies);

- 02 copies of Invention description forms that presented fully and clearly the nature of the invention;

- 02 Summary of the invention/utility solution (The summary cannot exceed 150 words and must be separated into a separate A4 page. An invention summary is not required to submit at the time of filing and the applicant may provide it later).

- Power of attorney (if any);

- Receipts of the payment of state fees and charges (if any);

4. Procedures for registration of inventions of tobacco, cigars, cigarettes and smokers' requisites in Vietnam?

According to the current provisions of intellectual property law, the applicant can submit the invention registration application directly at the NOIP’s official office in Hanoi or to its representative offices in Da Nang City and Ho Chi Minh City. On the other hand, if it is not convenient to submit directly, the applicant can submit the dossier indirectly via postal services provided by post offices and couriers. After receiving the application, the NOIP will record and issue the application number.

Normally, an invention registration application will be processed through the following procedures in order to be granted a patent::

Step 1: The form of the application will be appraised by the competent state agency

Step 2: If the application is valid, it will be published in the Industrial Property Official Gazette by the NOIP

Step 3: The content of the application will continue to be appraised by the NOIP

Step 4: The competent state agency will grant a patent for the invention and record the patent

5. Where to register the inventions of tobacco, cigars, cigarettes and smokers' requisites in Vietnam?

Foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam according to the current provisions of intellectual property law. All clients who want to register an invention can contact and come directly to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, with the representative code is 226.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office based in Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi city.

Person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn;

Phone number: + 84986 386 648

The completed register dossier will be submitted at: National Office of Intellectual Property of Vietnam.

Address: 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan, Hanoi

6. Contact to register the inventions of tobacco, cigars, cigarettes and smokers' requisites in Vietnam?

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited