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KENFOX IP & Law Office > Articles posted by KENFOX IP (Page 10)
23 September
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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP
in Case Studies, Newsletters/ Publications
https://kenfoxlaw.com/wp-content/uploads/2021/09/Mondaq-A-Cybersquatting-Case-Brought-To-Court-For-Hearing-In-Vietnam.pdf

O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany ("the plaintiff"). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two ccTLD (osram.com.vn) and (osram.vn) ("Disputed Domain Names") were registered in 2014 by a natural person in Vietnam, N.D.T ("the defendant") and were resolved to the defendant's active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff's products bearing the "OSRAM" mark. ...

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23 September
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Invalidating a bad-faith trademark registration in Vietnam

Posted by KENFOX IP
in Newsletters/ Publications, Notable Articles

Bad-faith trademark registration is largely seen in Vietnam nowadays, especially since foreign investors are shifting production from China to Vietnam following the recent US-China trade war. Trademarks in Vietnam are generally awarded on a “first-to-file” basis, as opposed to a "first-to-use" system, resulting in floods of trademark applications, many of which imitate or mimic foreign reputable brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy, as the country's IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company,...

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22 September
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The effective tools to repress IP infringements in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon...

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20 September
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Risks of improper use of registered trademarks in Vietnam

Posted by KENFOX IP
in News, Trademark in Vietnam, Viet Nam

Have you ever wondered if using the mark in a manner other than that for which it was registered entails any risks? What are those risks? Is it mandatory to use the mark exactly as registered? What can be done to mitigate the risks associated with using the mark in a form different from the one registered? This article provides some useful information on the above topic....

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15 September
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6 key takeaways to cope with patent infringement allegations in Vietnam

Posted by KENFOX IP
in Patent

Have you ever been accused of patent infringement while conducting manufacturing and business operations in Vietnam? If you're unsure how to respond to a patent infringement allegation, you may be tempted to panic and worry about the worst-case scenario. You're probably wondering if your goods are illegal and thus subject to seizure on the market or at the border; if you'll be held liable for future items allegedly infringing a patent; if your business will face expensive lawsuits for damages; if consumers will turn against you and/or your business will likely attract negative media attention, and so on. ...

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03 September
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How to register copyright in Vietnam?

Posted by KENFOX IP
in Copyright

You do not need to apply for copyright registration to enjoy copyright protection in Vietnam. In compliance with the Berne Convention to which Vietnam is a signatory, Vietnam Copyright Law provides that “Copyright shall arise at the time a work is created and fixed in a particular material form, regardless of its content, quality, form, mode, or language, and regardless of whether such work has been published or registered." As such, statutorily, copyright is an automatic right that does not require registration, which means that the author or creator acquires copyright immediately upon completion of the original work. However, IPR...

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01 September
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KENFOX – A reliable IP partner for businesses

Posted by KENFOX IP
in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column width="1/4"][vc_column_text] Mr. Nguyen Vu Quan, in a discussion with Economic Times   [/vc_column_text][vc_column_text] The signing of the major trade pacts EVFTA, CPTPP, and RCEPT spurred a complete change to Vietnamese IP Law, requiring better IP protection standards. Domestic businesses will face increased pressure from the need to protect and enforce intellectual property rights. Numerous businesses are well aware of this and take the necessary steps to establish their intellectual property rights. These accomplishments would not have been possible without the significant contribution of intellectual property law firms, one of which is KENFOX IP & Law Office. [/vc_column_text][vc_empty_space][vc_column_text] KENFOX IP & Law Office specializes in...

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