LETO’s Intellectual Property (IP) Department guides its clients in all aspects of the acquisition, licensing, application, protection and enforcement of their IP rights, including patents and trademarks. This includes supporting clients such as inventors, manufacturers, universities, private equity firms and others with a focus on driving technological advances.
From patents to trademarks, copyrights to licensing, and technology transfers to opinion work and due diligence, our attorneys have the background and experience to protect clients’ most valuable assets in today’s competitive market. Our professionals have advanced degrees (e.g. Ph.D.s) in a variety of technologies, including the chemical, biotech, electrical and mechanical areas, and understand the complex inventions and ideas for which they advocate. They guard those innovations using a number of different strategies best suited for each client’s business application, including:
Original works of authorship that are eligible for copyright protection extend far beyond artistic creations such as literature, music and film. A company’s original and creative works are more than just artistic expressions: They are valuable assets in today’s global marketplace.
Protecting the copyrights you create, knowing when and how to use or seek permission for use of third party copyrights, and dealing with enforcement actions are now a part of almost every business’s activities. With the explosion of information access through digital technology and the internet, copyrightable works are increasingly vulnerable to misuse and theft.
Attorneys in LETO’s Copyright practice area regularly advise companies on the comprehensive global management and protection of their copyright portfolio, including:
- Registration of copyrights with the Vietnam's Department of copyright
- Counseling clients on proper copyright usage and when to seek and give permissions for use
- Licensure and assignment of copyrights
- Enforcing copyrights online and elsewhere, including litigation, take-down complaints for online infringement and more
- We also advise clients on obtaining and registering copyrights, negotiating licenses and use of third-party works.
Our team works closely with lawyers across the firm, including those in patent, trademark, international and litigation areas, to ensure that clients’ rights are broadly protected and enforced worldwide. Our intellectual property litigators have significant experience in successfully addressing misuse of copyrighted materials, from takedown notices to enforcing our clients’ copyrights in court.
We regularly assist clients, from healthcare providers to comic book publishers, from fashion designers to internet service providers, on copyright issues in a wide range of media and industries, including:
- Creative works, such as music, film and literature
- Software programs and applications
- Design elements related to fashion and other consumer packaged goods
- The unique expression in instructional guides and training program materials
- Unique website content and layout
Intellectual Property Litigation
When your intellectual property assets are under attack in Vietnam, you need LETO. Our Intellectual Property (IP) Litigation practice area consists of attorneys with a proven track record in this unique area that combines evolving scientific technologies with the law.
For every case, we create dynamic and efficient teams of our skilled trial lawyers, technically trained patent attorneys and other IP professionals. We have over 20 patent attorneys and agents registered to practice before the NOIP, many of whom have industry experience and advanced degrees, including Ph.D.s, in fields such as electrical, computer, mechanical, aerospace, chemical, biochemical and biotechnical engineering. Our IP litigation team harnesses this valuable experience in crafting and executing winning strategies. At every stage of a case, we remain singularly focused on achieving our clients’ objective.
Non Compete and Trade Secrets
We protect clients from unfair competition by implementing safeguards to protect critical assets, and by pursuing effective litigation strategies. We have decades of experience handling a diverse array of noncompete, trade secrets and unfair competition cases.
When employees leave to work for a competing business, they may take sensitive company data, or solicit and divert customers and co-workers from their former employer to follow them to the competing business. In these instances, time is often of the essence to stop the dissemination of data or loss of business. Our attorneys are skilled at quickly counseling clients and moving swiftly to obtain immediate injunctive relief through temporary restraining orders and preliminary injunctions, as well as permanent injunctions.
In addition, when a prospective employee has signed a nonsolicit or noncompete agreement with a prior employer, we assist employers in navigating the risks of hiring them and provide advice as to the enforceability of the agreements. We also represent employees who are sued for violating such agreements, as well as employers who are sued for interfering with noncompete agreements that an employee signed with a prior employer.
We also help clients maintain critical evidence by recovering deleted files, browser history and document routing that can be used to pursue legal action.
Proprietary information can also be placed at risk due to data breach, whether malicious or unintended. Our noncompete attorneys work closely with professionals in the Privacy and Data Security practice area to provide guidance on establishing policies and practices before a trade secret theft or data breach occurs, as well as formulating responses following a breach. These policies and practices apply not only to a client company and its employees, but also to vendors and third parties to ensure sensitive information remains secure throughout the supply chain. We accomplish this through measures including data security audits, development and implementation of customer, employee and data privacy policies and practices, document retention policies and employee training programs.
We represent clients around the globe from offices across Vietnam. Our team includes lawyers, patent engineers and patent agents with advanced degrees, including Ph.D.s, and practical experience that enable them to develop optimal protection strategies for our clients’ inventions and ideas, both in Vietnam and internationally. Many of our patent professionals have degrees and experience in fields encompassing biotechnology, electrical engineering, computer science and the mechanical arts, giving them the technical expertise to support clients working in a broad range of industries, including:
- Biological therapies
- Biological and genetic markers
- Business methods
- Computer science
- Confectionary products
- Consumer appliances
- Data storage systems
- Database management
- Food science
- Gaming systems and technology
- Genetic therapies
- Genetically modified organisms (GMOs)
- Genetically modified (GM) seeds
- Hygiene products
- Medical devices and diagnostics
- Microfluidic devices
- Mobile technologies
- Network technologies
- Organic chemistry
- Online advertising technologies
- Pharmaceutical compositions
- Polymer/material science
- Power generation systems
- Product packaging
- Rail car technology
- Security systems
- Small molecules
- Transportation systems
- Vehicle technology
- Wind energy technology
- Technology of environmental treatment
Our services include:
- Preparing and prosecuting patent applications;
- Conducting patentability, noninfringement, clearance and validity studies;
- Performing due diligence studies related to acquisitions; and
- Assisting clients in the development, management and monetization of patent portfolios.
The services we provide to our clients include:
- Conducting trademark searches and providing risk analysis associated with the adoption and use of new trademarks, service marks, trade dress, logos and slogans
- Filing and prosecuting trademark applications and maintaining registrations around the world
- Negotiating and advising clients regarding inbound and outbound trademark licenses and consent, coexistence and other related agreements
- Advertising, marketing and social media content review and counseling, including the creation and implementation of marketing promotions, sweepstakes and contests
- Product and packaging review and counseling
- Monitoring and enforcing trademark rights around the world, including watch notice services, online marketplace research, oppositions, cancellations, and trademark and trade dress litigation
- Enforcing proper use of trademarks online and in court
- Strategizing and coordinating investigations and enforcement actions against counterfeiters in Vietnam and across the globe
- Intellectual property due diligence and related aspects of complex business transactions, specifically brand acquisitions and divestitures
Patent and Legal Translation
Patents might require translation depending on the case and the location in which you are going to file a request for registry of a patent.
Patents are part of the already unique legal language with their own vocabulary and meaning, plus the complexity of technical descriptions, specialized vocabulary, claims, and drawings of the invention.
Patents must be exact and detailed, describing every part of the invention and its function. A single mistake or omission could derail the project and put the inventor’s intellectual property at risk. All the documents that need to be translated for a patent are very sensitive and the translation needs to be filed within a deadline, so accuracy and timing are extremely important.
What can be patented and the rules vary from country to country, and there is also the intricacy of international treaty procedures and considerations. Patents are governed by national laws and in some cases by international treaties, therefore the quality and accuracy of the documents and the translation of the documents that support the patent are as important as the registry process itself.
A smart inventor knows that globalization creates a need for them to present their product to people from different cultures who speak different languages if they wish to serve the needs of that market. Producing and selling goods overseas is a regular practice, but when such products or processes are already patented, producing or selling such goods overseas without a patent registry in the target market is at risk of being copied. Translating a patent to the correct target language also protects the holder’s rights to their intellectual property.
Legal translation in the field of patent law presents unique challenges to the translator.
Here are some that stand out:
Grammar. The professional patent translator cannot afford to make any mistakes when it comes to conjugating verbs, how nouns are treated, if words are gendered, and other grammatical rules.
Syntax. Sentence structure differs widely between languages. Mistakes can quickly render a sentence unreadable or the intended meaning unclear.
Different legal structure and terminology. This is one of the areas where the consequences of a mistake can be especially dire. The professional patent translator could be dealing with Western-style law, established precedent, blended systems, and more.
Cultural sensitivity. Legal structure is deeply cultural and illustrates the morals of the target community and is ingrained in their legal language.
Technical elements and industry-specific terminology of the invention. Translation of industry-specific terminology is especially challenging as there are often no exact equivalents or no standardized terms. Thus, it is extremely important for the patent translator to be versed in the technical language of the industry that the inventor is operating in. Special emphasis on:
- Complete and clear translated illustrations.
- Steps for detailed processes need to be translated with care.
- Terminology, acronyms, and names need to be translated with consistency.
Stylistic concerns. A professional patent translator cannot use the same localization skills they might apply elsewhere, though national law and cultural mores must be followed. The language of law applying to patents is highly literal; the document must be readable but cannot sacrifice accuracy for style.