Subject to the nature and severity of IPR infringement, when an industrial design infringement occurs, the holder may resort to administrative, civil or border control route to fight thereagainst. If the alleged infringing products are found to be imported into Vietnam via customs, priority should be given to recordal of customs supervision for the design patent in Vietnam....
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In 2018, PIAGGIO & C. S.p.A. (“PIAGGIO”), the holder of Design Patent No. 20652 for protection of motorbike industrial design, filed a suit against a Vietnamese company named “DETECH Technology Development Supporting Joint Stock Company” (“DETECH”). ...
Continue readingThe e-commerce market is growing in Viet Nam, but it is also used to trade counterfeit goods with increasingly sophisticated activities online. Counterfeit trading on e-commerce websites/platforms is largely seen nowadays in Vietnam. The consumers who have changed their traditional shopping habits recently and switched to online more over the past years, especially after the outbreak of the COVID-19 pandemic has resulted in floods of fake websites and/or online counterfeiting ...
Continue readingBad-faith trademark registration has largely seen in Vietnam nowadays, especially when foreign investors are shifting production from China to Vietnam following a recent US-China trade war. Trade marks in Vietnam are generally awarded on a “first to file” basis, resulting in floods of trademark applications, many of which imitate/ mimic foreign reputed brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy as Vietnam IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company, has won a significant victory...
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