Dear listeners, welcome back to The Lawyers Talk, the podcast channel of BLawyers Vietnam. I am Quang Thai, and joining me today is Anh Thu. We are very happy to see everyone again for today’s podcast.
Continuing the topic on due diligence of intellectual property in M&A transactions of technology companies in Vietnam, today Ms. Thu and I will share two special cases that enterprises and investors may encounter.
Guest
Hello Mr. Thai and listeners, I am Anh Thu, very pleased to join you in today’s podcast. I hope that today’s topic will help our dear listeners identify special cases, thereby allowing you to grasp the issues when implementing due diligence of intellectual property in technology companies.
The first special case is one that Mr. Thai mentioned in the previous podcast episode. Specifically, when conducting due diligence of intellectual property in a technology company, the enterprises and investors should review the status and the mortgage/ encumbrance history of such intellectual property.
So, how does a particular intellectual property become a collateral? Mr. Thai, please answer this question.
Host
First of all, I confirm that an intellectual property cannot become collateral under Vietnamese law. Specifically, Article 105 of the Civil Code 2015 stipulates that property includes objects, money, valuable papers, and property rights. Among these, property rights are rights which are able to be valued in money, including property rights to subjects of intellectual property rights, and right to use land and other property rights. Based on this, intellectual property itself cannot be considered collateral; only the property rights to subjects of intellectual property rights can be identified as property, and thus may become collateral.
For example, the right to use or to allow others to use a trademark is a property right, which can be used as collateral to perform obligations.
To read more, please click here:﹌﹌﹌﹌﹌﹌﹌﹌
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, or if you would like to collaborate and use BLawyers Vietnam’s legal advisory services, please contact us at info@blawyersvn.com. We will be delighted to hear from you.
📀 Host: Thai Bui and Chau Dang
📀 Guest: Thu Ha
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