04 August

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Not Registered in Vietnam: Can Copyright Infringement Still Be Examined?

in Copyright, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] A work created and registered for copyright protection in a foreign country is unlawfully copied in Vietnam. The copyright owner holds a copyright registration certificate issued by a competent foreign authority, but has never registered the work with the Copyright Office of Vietnam. Is the owner required to register the copyright in Vietnam before requesting a copyright infringement assessment? According to the Vietnam Copyright Protection Center, the answer is: not necessarily. This conclusion is not merely a simplification of an administrative procedure. Rather, it signals an important shift in the approach to intellectual property (IP) enforcement in Vietnam—from a mindset...

30 July

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KENFOX Shares Practical Insights on Vietnam’s Trademark Protection at Seminar Hosted by Wuxi Administration for Market Regulation

Posted by KENFOX IP

in IP Presentation, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] As an increasing number of Chinese enterprises expand their investments into Vietnam, a thorough understanding of Vietnam's trademark protection system has become a critical factor in building and safeguarding brands in one of Southeast Asia's fastest-growing markets. At the invitation of the Wuxi Administration for Market Regulation (WAMR), Mr. Nguyễn Vũ Quân, Director of KENFOX IP & Law Office, delivered a keynote presentation entitled "Vietnam's Evolving Trademark Landscape: New Regulations, Enforcement Trends, and Strategic Pitfalls to Avoid for Chinese Entities." [/vc_column_text][vc_empty_space height="13px"][mkd_image_gallery type="slider" autoplay="3" slide_animation="slide" pretty_photo="no" navigation="yes" pagination="yes" images="33599,33608" image_size="1200"][vc_column_text] Held in a hybrid format, the seminar brought together government officials, legal...

22 July

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Trademark Enforcement in Cambodia: Café Logo Dispute Resolved via Economic Police Action

Posted by KENFOX IP

in Cambodia, Cambodia, Trademark, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] A café logo dispute in Cambodia demonstrates that trademark infringement does not necessarily require an exact copy of a registered mark. Where the logo presentation, storefront signage, and overall commercial impression create a likelihood of confusion in the same service sector, the trademark owner may have grounds to act. In this case, MGC Global Co., Ltd., owner of the MEGA COFFEE / MGC logo trademark in Cambodia, adopted a staged enforcement strategy: evidence collection, issuance of a warning letter, escalation to the Economic Police, and ultimately securing a written undertaking to cease use and remove the infringing sign. Background MGC Global...

13 July

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Sophisticated Copycat Products in Vietnam: Should Copyright or Industrial Design Rights Be Relied Upon for Enforcement?

Posted by KENFOX IP

in Industrial Design, IP Practice, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] In disputes concerning packaging, fashion design, household goods, furniture, etc., the issue is no longer about "crude copies," but about sophisticated imitations: competitors maintain the "main visual impression," but adjust a few minor details to create a "sufficiently different" feel when a complaint is filed. This gray area puts many intellectual property rights holders and corporate legal teams in a difficult position: should they pursue enforcement based on copyright or industrial design? That choice is not just a matter of the "name" of the right, but also a matter of the burden of proof and the speed of intervention. With...

09 July

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KENFOX Shares Practical IP Protection Strategies for Chinese Businesses Expanding into Southeast Asia at ASPEC Webinar

Posted by KENFOX IP

in News, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] On July 8, 2026, as part of the ASPEC Webinar under the "IP Plus" series, Mr. Nguyen Vu Quan, Partner & IP Attorney at KENFOX IP & Law Office, was invited to deliver a presentation entitled "Protecting IP in Southeast Asia: Risks, Case Studies, and Practical Solutions for Chinese Businesses." The webinar attracted significant interest from Chinese businesses and intellectual property professionals. [/vc_column_text][vc_empty_space height="13px"][vc_column_text][/vc_column_text][vc_empty_space height="13px"][vc_column_text] Against the backdrop of Southeast Asia's growing importance as a destination for Chinese companies engaged in manufacturing, distribution, franchising, e-commerce, and long-term investment, Mr. Nguyen Vu Quan emphasized that market expansion inevitably brings substantial intellectual property...

06 July

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Similar Trademarks in the Same Class Are Not Necessarily Refused in Their Entirety in Vietnam: Practical Notes on Trademark Examination in Vietnam

Posted by KENFOX IP

in Newsletters/ Publications, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]One of the most common questions raised by trademark owners when filing trademark applications in Vietnam is: “If the proposed trademark is similar to an earlier registered trademark, and both designate goods or services in the same Nice Class, will the application automatically be refused?” According to practice in Vietnam, the answer is: not necessarily. The fact that two trademarks belong to the same class of goods/services according to the Nice Classification is an important factor, but it is not determinative and does not automatically mean that the goods or services are identical or similar. Conversely, in many cases, goods/services...

29 June

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Assessing Copyright Infringement of Applied Art Works in Vietnam: Scope of Protection and Determination Principles

Posted by KENFOX IP

in IP Practice, News, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] In practice, when handling copyright disputes concerning works of applied art, a frequently asked question is: Does the mere resemblance between two works of applied art constitute infringement? This resemblance may stem from the initial visual impression that the two works have the same form. However, this subjective impression can easily lead to prejudice and cause the assessment to deviate from the true nature and scope of protection of the applied art work. So where does the scope of protection for a work of applied art lie? When does a work of applied art fall within the scope of...

22 June

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Functional Products: Industrial Design Protection or Copyright Protection in Vietnam?

Posted by KENFOX IP

in Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Traditionally, functional products such as sandals, handbags, and perfume bottles have generally been regarded as subject matter best protected under industrial design law. However, the Dutch court judgment of 12 November 2025 in Birkenstock v. Scapino introduced a different perspective by recognizing the possibility of copyright protection for sandal designs based on the criterion of “creative choices.” The Dutch court emphasized that although sandals must fulfill the functional purpose of being worn, designers still enjoy substantial creative freedom in determining the shape of the straps, the curvature of the sole, and the proportions and combination of materials. Birkenstock’s selection of...

16 June

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Whether Functional Products Are Eligible for Protection as ‘Works of Applied Art’ in Vietnam?

Posted by KENFOX IP

in Patent, Uncategorized, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]A “functional product”, in simple terms, is a product that serves a practical utilitarian purpose (e.g., household items, electronic devices, technical tools, etc.). For many years, prevailing “orthodox” legal thinking in Vietnam has tended to classify functional products (useful articles) such as bicycles, furniture, handbags, perfume bottles, and coffee machines squarely within the realm of industrial designs. From this practice emerged an almost unassailable assumption: Functional products cannot qualify as “works” and therefore are not eligible for copyright protection. International practice, however, demonstrates the opposite. French courts have recognized the Hermès Birkin and Kelly handbags as works of art...

12 June

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Trademark Refusal in Vietnam: What Strategy Enabled the “Three-Circle” Mark to Overcome a Likelihood-of-Confusion Objection?

Posted by KENFOX IP

in Uncategorized

[vc_row triangle_shape="no"][vc_column][vc_column_text]When two figurative marks with nearly identical structural compositions are filed for the same category of goods, the prospects of securing registration for the later-filed application are generally slim. In other words, the risk of refusal is exceptionally high. Many businesses assume that obtaining a Letter of Consent from the owner of the cited mark will automatically resolve the issue. In practice, however, the matter is far more complex. A Letter of Consent is an important supporting piece of evidence, but it is not a legally binding instrument that compels acceptance by the trademark authority. Examiners remain fully entitled...