Talking Law (29-08-2007) Ensuring IP rights, due diligence in an M&A deal by Tran Manh Hung, Albrecht Brodhun & Tyler McKinley The nation is witnessing an increasing trend towards mergers and acquisitions among both Vietnamese and foreign companies. One of the most important factors in ensuring the success of an M&A deal is for the acquiring company to conduct proper "due diligence," lawyer-speak for the process whereby the potential buyer evaluates the target company and its assets. While lawyers have long focused due diligence efforts on tangible assets, including land, buildings, and equipment, little attention has been paid to intangible assets, such as intellectual property, which can in some instances be as or more valuable to the company’s operations and profitability. Due diligence should extend to a wide range of intangible assets related to intellectual property, including business information, employee know-how, licence agreements, marketing and … [Read more...] about Ensuring IP rights, due diligence in an M
Ideas can be protected by patents and copyrights
by Doan Hong Son, IPMAX Law Firm With information technology a key factor in the nation's development strategy, it's crucial that the Government provide appropriate incentives to the IT industry. Protection of intellectual property rights is playing an increasingly important role, especially with respect to software. While copyright protection is universally accepted for software, the issue of whether patent protection extends to software remains controversial. Copyright protects the expression of an idea in a fixed medium and arises automatically upon the creation of the work. In many countries, the prevailing term of copyright protection for software is the life of the author plus 50 years. It is commonly accepted that copyright adheres in software, in both the source code (human-readable form) and object code (machine-readable form), since both exist in a fixed medium (written text). This understanding is reflected in the intellectual property laws of most countries and in … [Read more...] about Can software receive patent protection?