Mr. Duong Phuc Kha

Duong Phuc Kha is a partner in the patent and trademark litigation practice of KENFOX and heads the competition team of the firm.

Duong Phu Kha focuses his practice on providing comprehensive counseling and strategic protection of all facets of KENFOX clients’ intellectual property. Kha works closely with clients to establish cost-efficient and effective intellectual property management processes tailored to the client’s specific situation and needs. He has deep experience in instituting and managing global intellectual property protection programs for large national and multinational organizations across a wide range of sophisticated technologies. He has instituted and operated comprehensive intellectual property protection programs including performing internal intellectual property audits, establishing and participating in in-house patent committee meetings to review and assess invention disclosures, and obtained patents and trademark registrations throughout Asia.

Kha obtains domestic and foreign protection for his clients in diverse technologies such as telecommunications, digital and wireless networks and communication devices (from circuit to product), glass manufacturing, testing glass chemistry and compositions, digital television transmitters, semiconductors and product development, software, online banking, medical devices and electronics, military and first responder equipment; organic light-emitting diodes, pet products, and food packaging.

Kha provides strategic guidance for portfolio management to clients ranging in size from start-ups through mid-market to Fortune 100. He establishes competitive patent review programs, assesses potential patent infringement issues, and regularly evaluates and responds to patent and trademark demand letters and negotiates settlement of adverse claims. He also performs intellectual property due diligence reviews for mergers and acquisitions.

Kha also counsels clients in the development, maintenance and protection of brand identifiers, including conducting registrability investigations including Internet infringement matters, prosecuting trademark applications, reviewing marketing materials, coordinating international protection programs, and initiating inter-parties proceedings before Department of Intellectual Property of Cambodia and Inspectorate of Ministry of Science & Technology of Vietnam. He also assists clients in identifying, registering, and protecting their copyrighted works.

  • Counseled clients on trademark, copyright and patent enforcement and unfair competition in Vietnam, Laos, Cambodia and Myanmar.
  • Managed the international trademark portfolio for a software company, for an international consortium of accountants, and for an international trade data company.
  • Provided clients with opinions on patent infringement, validity and enforceability.
  • Furnished clients with strategic advice on substantial trademark infringement actions.
  • Acted for a Chinese consumer goods company on a range of advisory work relating to electronic cigarette product regulation and logistics and supply chain management.
  • Coordinated with law enforcement agencies to conduct raids against counterfeits and infringing pharmaceutical products imported into Vietnam.
  • Provided worldwide brand protection counseling for combating domestic and off-shore infringers and counterfeiters.
  • Conducted internet copyright and trademark enforcement actions including removal of infringing links from counterfeit websites.
  • Provided advice to clients on domain name acquisition, protection and disputes.
  • Prosecuted and obtained patents for a world-leading multinational technology company specializing in the manufacture and development of specialty glass and ceramics.
  • Prosecuted and obtained patents for a leading Swiss-based provider of security inks.
  • Represented leading manufacturer of telecommunications equipment and software in software/patent/technology licensing (both domestic and international) transactions.
  • Negotiated numerous consulting services, professional services and maintenance services contracts on behalf of software and hardware vendors.
  • Created contracts and associated agreements for use by clients in providing web based and e-commerce products.