KENFOX IP & Law Office > 2019 > September

IP UPDATE – Vietnam revises its IP Law in 2019

In the year 2018-2019, Vietnam entered two international important trade deals, which require, inter alia, higher standard for IP protection in Vietnam. The first one is the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), which was signed in March 2018, and then approved by the National Assembly of Vietnam in November 2018. The CPTPP officially came into force as from 14 January 2019. The second one is the EU-Vietnam Free Trade Agreement (“EVFTA”), which was signed in June 2019. ...

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Technology Transfer in Close-up

The Civil Code 2015, Law on Science and Technology 2013, Decree 08/2014/ND-CP dated 27 January 2014 detailing and guiding the implementation of a number of articles of the Law on Science and Technology, Law on Technology Transfer 2017, Decree 76/2018/ND-CP dated 15 May 2018 providing guidelines for certain articles of the Law on technology transfer, the Law on Intellectual Property, etc. form a relatively complete legal framework and are expected to contribute to strongly promote technology transfer activities in Vietnam....

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Case Study 26: Facing civil remedies due to improper use of a registered trademark in Vietnam

In 2015, Dong Phuong Company detected that A Sanzo Company used the sign “ ” (“Asanzo, device”) to affix on various products such as television, air conditioners and other consumer goods. To take actions against A Sanzo Company, in July 2015, Dong Phuong Company requested a bailiff service provider to document the evidence of alleged infringement against A Sanzo Company for selling products bearing the sign “Asanzo, device” in various products and business means....

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Sanctions/Remedies against Copyright Infringement in Vietnam

Copyright infringement may be subject to administrative or criminal sanctions, depending on severity of the infringement. Further, the copyright owner may also take a court action to claim a compensation for damages caused by the copyright infringement. Below is a summary of sanctions/remedies under administrative, criminal or civil proceedings pertaining to copyright infringement in Vietnam....

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How can we file applications abroad?

For owners of industrial property objects, filing their applications for registration of such objects abroad is not less important than filing in Vietnam. If one obtains industrial property rights in Vietnam, the right does not extend to foreign countries. You need to file applications in each and every country in which you desire to hold the industrial property right. Moreover...

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Patent Infringement Assessment Principles in Vietnam

Per Article 102.3, Vietnam IP Law, the essential technical features of a claim are determined based on the following principles: [The scope of protection of an invention shall be expressed in the form of a combination of technical features which are necessary and sufficient to identify the scope of the rights to such invention and should be compatible with the description of invention and attached drawings]. ...

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IPR assessment against IPR infringement, expert opinions in IPR infringement in Vietnam

There have been 3 public organizations which provide expertise opinions/ IPR assessment conclusions (IPR analysis services) in Vietnam, namely, (i) Intellectual Property Office of Vietnam (“IP Vietnam”), (ii) Vietnam Intellectual Property Research Institute (“VIPRI”) and (iii) Expertise Center of Copyright, Related Rights (“ECCR”)....

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Comparison between an invention and a utility solution

Both an invention and a utility solution (also called “utility model” or “utility innovation” in some countries) are a technical solution per se which proves valuable in manufacture, business and life. Under the prevailing regulations of Vietnam, a utility solution is not recognised separately as an industrial property object but a special form of an invention...

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