Online IPR infringement is a serious issue in Vietnam, where a large number of offending rogue websites continue to operate and grow in popularity. This results from various reasons, firstly, the lack of adequate legislation or the current ineffective statutory regulations, and secondly, the weak enforcement....
Continue readingUnder the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, trade marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition....
Continue readingIn a recent court decision, a High People's Court affirmed the decision made by a lower-level court, in INTERLEGO AG v. Tianjin COKO Toy Co., Ltd. regarding copyright infringement of the Lego bricks. In its landmark decision, the high court confirmed industrial designs' dual protection under patent and copyright law as works of applied art....
Continue readingValidation or re-registration of a Singapore patent in Cambodia means the recognition, on request, of the effects of the Singapore patent in Cambodia, which enables a right holder of a Singapore patent to obtain his/her patent in Cambodia within a shorter timeframe. We provide below some remarks on the matter for your reference:...
Continue readingKENFOX attorneys meeting with colleagues from other IP firms at the AIPPI's Congress in Boston...
Continue readingIf you're thinking of enforcing against an infringement of your intellectual property rights in Vietnam under administrative proceedings, a thorough understanding of functions, tasks, and capacities of a law enforcement authority in Vietnam will enable you to choose an authority that is competent to handle IPR infringement, to avoid unexpected delays and to maximise the authority’s strength in subsequent enforcement actions....
Continue readingĐăng ký nhãn hiệu trên cơ sở không trung thực/có dụng ý xấu không phải là hiện tượng hiếm gặp tại Việt Nam, đặc biệt khi các nhà đầu tư nước ngoài đang chuyển dịch sản xuất từ Trung Quốc sang Việt Nam sau cuộc chiến thương mại Mỹ - Trung gần đây....
Continue readingIn conformity with Berne Convention, the IP Law of Vietnam also provides, under Article 6.1, that “Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered”. The aforesaid legislation means that copyright registration is not a pre-requisite for entitlement of copyright protection and proceeding with legal actions. A work is automatically protected in Vietnam without having to register it with Vietnamese competent authority....
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