The Doha Declaration on the TRIPS Agreement and Public Health (the “Doha Declaration”), which was ratified by the WTO Ministerial Conference in Doha on 14 November 2001, generally does not change the principles of TRIPS Agreement. ...
Continue readingCompulsory licensing is provided in various legal documents, such as the Paris Convention for the Protection of Industrial Property (the “Paris Convention”), the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), or the Intellectual Property Law of Vietnam (the “IP Law”)....
Continue readingGenerally, when trademark infringements occur in Cambodia, the trademark owner may resort to administrative, civil, criminal procedures, or border control measures in order to protect their rights. From our experience, most of trademark infringement cases in Cambodia are handled through the administrative proceedings with the involvement of Cambodian Department of Intellectual Property ...
Continue readingProvision of evidence and burden of proof are considered as one of the basic principles in civil procedures. The involved parties have the right and obligation to provide evidence and prove to protect their rights and interests as well as to provide the Court with sufficient evidence to resolve civil cases objectively, accurately and lawfully....
Continue readingThe specific rules of the internet stipulate that if the IP-protected material is uploaded without the consent of the right holder, the ISP can request, in writing, the removal of the infringing work from the ISP or removal from the network and disableness of access to the copyrighted material from the respective website. This form of written alert is called a "take-down notice". The general rule is that if the ISP removes the infringing content following a “take-down notice”, it will not be held liable for any further compensation. For a successful take down action, you will need to provide...
Continue reading1. We have registered our trademark in some ASEAN countries, is it valid in Vietnam? Do we need to register our trademark in Vietnam? Your trademark registration in some ASEAN countries does not provide protection in Vietnam. Generally, trademarks are territorial in nature, which means that a trademark registration in one or several countries are not automatically protected and enforceable in another, and therefore registrations in multiple countries may be necessary....
Continue readingThe competitive advantage of an entity partially depends on its ability to protect its valuable proprietary information. You may have patentable designs, inventions or trade secrets giving your business a competitive advantage. In cases where you need to employ a freelancer, you may wonder how you can protect IPR from content generated by their work for you, and how you can protect/secure access to your company's patents, patents, and other proprietary information. Generally, when working with employees or a potential business partner, two following important points should be brought into consideration: (i) always use written contracts whenever possible and ensure...
Continue readingThe IP Vietnam has issued Notice No. 7638/TB-SHTT dated June 5, 2020 on the implementation of Circular No. 45/2020/TT-BTC dated May 26, 2020 of the Minister of Finance Implementing Directive No. 11/CT-TTg dated March 4, 2020 of the Prime Minister on urgent tasks and solutions to overcome difficulties for production and business, ensure social security in response to the Covid-19 pandemic, on 26 May 2020, the Minister of Finance issued Circular No. 45/2020/TT-BTC stipulating the rates of collection and payment of registration fee (to confirm) for using foreign barcode and industrial property fees (hereinafter referred to as "Circular No. 45/2020/TT-BTC"). The...
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Overview of the Madrid System of International Registration: The Madrid system of international registration is governed by two treaties: (i) the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and (ii) the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on 01 December 1995, and came into operation on 01 April 1996. Cambodia is party only to the Protocol, not to the Agreement. The Madrid Protocol became effective in Cambodia on 05 June 2015. ...
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