To license an IP object in Vietnam, such object must be already protected in Vietnam, i.e. it has been granted patents or certificates of registration...
Continue readingIn 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,...
Continue reading 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....
Continue readingVietnamese 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....
Continue readingIn 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...
Continue readingA civil case brought by Ngan Anh Enterprise at the Hau Giang Provincial Court against the Intellectual Property Office of Vietnam (“IP Vietnam”) is an interesting challenge to the government's approach to the determination of trademark similarity....
Continue readingCustoms have a very significant role to play in enforcing intellectual property rights at the border. Once the goods are sold abroad, they must go through the customs to leave one country for another. Thus, border controal measures serve as a useful tool in tackling the trade of counterfeit or infringing products in the world, including Vietnam....
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It is no doubt very difficult to overcome a refusal against a trademark which arise from conflicts with earlier mark(s), especially when more than one grounds of rejection are raised. How to overcome multiple grounds of rejection against an applied-for trademark requires in-depth knowledge, expertise and experience from IP practitioners. Our firm, KENFOX IP & LAW OFFICE has succeeded in a trademark case which confronted two times of refusal based on two grounds of subjection (i.e. absolute and relative ground) from the Intellectual Property of Vietnam (“IP Vietnam”), under which our client’s applied-for trademark has been accepted for registration in...
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The COV is no longer directly receiving applications for registration of copyright and related rights as planned to 15 April 2020....
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Lack of regulation on requiring goods invoices is causing the likes of Facebook and Shopee to become indirect culprits of suffusion of goods with unidentified origin, raising concerns on the piracy of genuine products....
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