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KENFOX IP & Law Office > Articles posted by KENFOX IP (Page 19)
21 May
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Dealing with substantive trademark Office Action based on absolute grounds in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

A substantive trademark Office Action is issued by the Intellectual Property Office of Vietnam (“IP Vietnam”) to indicate an issue with an applied-for trademark. While a substantive trademark Office Action shows that an applied-for trademark has been rejected, it is usually possible to file a response thereto that either corrects a defect identified by the IP Vietnam or that explains to the IP Vietnam why the applied-for trademark should be allowed. ...

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19 May
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What legal tools are available under Vietnamese law to protect the brand identity or other aspects of products?

Posted by KENFOX IP
in Related Matters in Vietnam

The following intellectual property (“IP”) rights can be used, depending on the nature of the brand or products, to protect the business interests under the laws of Vietnam: Trade dress/get-up:  Generally, trade dress may consist of one or more elements (e.g. color, size, and/or shape of packaging); or it may be the overall image or concept of a product, packaging and/ or decoration that may reflect the full look and feel of a business including signs, logos, uniforms, merchandising, websites and labels. Therefore, trade dress refers to the manner in which a product is “dressed up” to go to market. In Vietnam, trade-dress falls within the scope of “unfair competition” as provided in Article 130, Vietnam IP Law. ...

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16 May
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Evidence usable in IP right disputes

Posted by KENFOX IP
in Related Matters in Vietnam

Under the prevailing laws of Vietnam, the sources that may be used upon resolution of disputes over intellectual property rights comprise readable, audible and visible materials; exhibits, etc. Upon resolution of disputes over intellectual property rights, like other civil cases, the litigant who requests the Court to protect his/her lawful rights and interests shall present evidence to prove that such request is grounded and legal. The party who opposes the request of another person against himself/herself must prove that the opposition is grounded and must submit evidence to prove it (Article 91 of the Civil Procedure Code 2015)....

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15 May
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Vietnam’s Intellectual Property Strategy with a Vision to 2030 – What should be noted?

Posted by KENFOX IP
in News

Intellectual property (“IP”) is a key concern for every business, regardless of where it operates. In an attempt to strengthen the protection of IP Rights, maximizing the benefits of innovation and innovation activities, in August 2019, the Vietnamese government has released Decision No. 1068/QD-TTg on National IP Strategy on Intellectual Property Strategy with a Vision to 2030 with the following main policies:...

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15 May
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What’s important to note about the civil proceedings to resolve IP related disputes in Vietnam?

Posted by KENFOX IP
in Related Matters in Vietnam

Judicially, in Vietnam, two routes for reviewing a court's final judgment, namely, (i) in case such judgment can be shown to be based on a severe error of law, it can go through the process of cassation, where the judgment will be reviewed and possibly annulled due to the material error in the procedure and (ii) where, on the other hand, new evidence or facts are discovered that could have affected the outcome of the case....

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13 May
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VIPRI opinion for IPR enforcement in Vietnam. What important points you need to know?

Posted by KENFOX IP
in Related Matters in Vietnam

In general, "intellectual property assessment" is a term used to denote specialized services that provide expert opinions/expert witness on IPR related issues pertaining to IPR infringement, valuing IP rights and determining the value of damages caused by IPR infringement. In Vietnam, intellectual property assessment is typically carried out at the request of one or both parties to an IPR dispute or at the discretion of the Vietnamese IPR enforcement agencies in order to resolve alleged IPR infringements. A professional performing assessment is called a assessor (assessment expert), who has qualification in conformity with each area of assessment, has been trained,...

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11 May
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Handling of trademark infringement found in an e-commerce website in Vietnam, some noteworthy points

Posted by KENFOX IP
in Related Matters in Vietnam

 As provided in Vietnam IP Law, subject to nature and severity of trademark infringement, those who commit acts of infringement of trademark rights of another entity or individual shall be tackled in line with (i) administrative route, (ii) civil route or (iii) criminal route. In the event of imports of counterfeit / infringing goods into Vietnam, the trademark owner should consider taking border control actions to track inbound shipments and seize counterfeit/infringing goods at Vietnam's border gates....

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08 May
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Court’s jurisdiction and litigant’s burden in IP right disputes

Posted by KENFOX IP
in Related Matters in Vietnam

Vietnamese laws provide for the jurisdiction of the People's Court in resolving intellectual property disputes, including: copyright, related rights and industrial property rights, and technology transfer between individuals, organizations. The settlement of this type of dispute is based on the principles, orders and procedures prescribed in the Civil Procedure Code....

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22 April
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Support/assistance by IP Vietnam for Domestic PCT Applicants, an useful tool to raise PCT applications of Vietnam origin

Posted by KENFOX IP
in News

In the framework of the Intellectual Property Development Program for the period of 2016-2020, the Intellectual Property Office of Vietnam (“IP Vietnam”) in its Official Letter No. 5360/SHTT-NDHT dated 15 April 2020, announces the assistance for Vietnamese individuals in filing international (PCT) patent applications...

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