Questions on copyright in Vietnam

Copyright and copyright related rights are categories in intellectual property rights which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Copyright related rights (related rights) are a special type of copyright and are separate from the author’s rights. Related rights are defined as rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes (Article 4.3, Vietnam IP Law). ...

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Questions on trademark opposition/cancellation in Laos

KENFOX: Yes, it is possible for a third party file an opposition in Laos. The New IP Law No. 38/NA of 2017 introduces an opposition procedure in Laos. Previously, when a trademark owner registered his/her trademark, there was no publication procedure available to inform and allow interested third parties to oppose to a pending trademark. The interested third party was only able to file a cancelation request with the Department of Intellectual Property of Laos (“DIP”), once the trademark certificate was issued and the trademark was registered with the DIP. Under the old IP Law of Laos, it was only...

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Vietnam adopts the Nice Classification 11th Edition

Announcement on Adopting the Vietnamese Version of the Nice Classification of Goods and Service 11-2018 from January 01, 2018. As of 01 January 2018, The Vietnamese version of the Nice Classification 11th Edition - version 2018 (NCL 11-2018), translated by the IP Office of Vietnam (“IP Vietnam”) from the English version published by WIPO, will be applied to the classification of goods and services for trademark registrations....

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Other questions on copyrights in Vietnam

Vietnam is currently a member of five international copyright conventions and treaties: the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention); the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Convention); the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention); and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). In addition, Vietnam has signed bilateral agreements and memoranda for closer cooperation and strengthening...

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Guideline for Copyright issues in Vietnam

What are the requirements for copyright to subsist in a work? KENFOX: Per Article 14.3 of Vietnam IP Law, a work must be created directly by authors through their intellectual labor without copying others’ works. As a matter of practice, to quality for copyright protection in Vietnam, a work must be of originality (i.e. an author's own intellectual creation) and creativity (i.e. a sufficient amount of intellectual creativity). Copyright subsists since the time the work is fixed in a tangible medium (irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published...

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Questions on border control measures in Laos

1. Whether it exists the customs filing for trademarks in Laos. If exists, please kindly send us the basic introduction of the customs system. Our advice: Laos has not initiated a formal Customs recordation system. However, if the trademark owner is aware of a shipment containing counterfeit goods, they may inform Customs and file a motion by submitting an application form provided by Customs and pay a bond or deposit to initiate actions for suspension of Customs clearance. The IP Law of Laos allows IPRs owners and/or Customs to initiate actions for suspension of Customs clearance of suspicious counterfeit goods. The tariff...

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Questions on border control measures in Cambodia

1. Whether it exists the customs filing for trademarks in Cambodia. If exists, please kindly send us the basic introduction of the customs system. Our advice: Cambodia has not initiated a formal Customs recordation system. In other words, customs recordal is not available in Cambodia now. However, upon detecting an allegedly trademark infringement goods consignment to be imported into Cambodia, the trademark owner may request to the Cambodian customs authorities to suspend customs clearance. (Article 35: The owner of any registered trademark may make application to the customs or the competent authorities or court to suspend clearance of goods suspected of being...

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Questions on border control measures in Vietnam

Customs supervision: An IPR holder is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

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Border control measure for IPR protection in Vietnam

A GI owner is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

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