23 September

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Technology Transfer in Close-up

The Civil Code 2015, Law on Science and Technology 2013, Decree 08/2014/ND-CP dated 27 January 2014 detailing and guiding the implementation of a number of articles of the Law on Science and Technology, Law on Technology Transfer 2017, Decree 76/2018/ND-CP dated 15 May 2018 providing guidelines for certain articles of the Law on technology transfer, the Law on Intellectual Property, etc. form a relatively complete legal framework and are expected to contribute to strongly promote technology transfer activities in Vietnam....

21 September

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Be careful if you improperly use your registered trademark in Vietnam

Posted by KENFOX IP

in Case Studies

In 2015, Dong Phuong Company detected that A Sanzo Company used the sign “ ” (“Asanzo, device”) to affix on various products such as television, air conditioners and other consumer goods. To take actions against A Sanzo Company, in July 2015, Dong Phuong Company requested a bailiff service provider to document the evidence of alleged infringement against A Sanzo Company for selling products bearing the sign “Asanzo, device” in various products and business means....

18 September

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A court case concerning well-known trademark “X-Men” between Marvel Characters Inc. and the Vietnamese applicant

Posted by KENFOX IP

in Case Studies

A recent court case has attracted significant public attention in Vietnam: Marvel Characters Inc., USA v. the National Office of Intellectual Property over registration of the trademark “X-MEN & device” in the name of ICP, a Vietnamese company. Although it’s no surprise that the NOIP won against Marvel, this case may still be considered as important in the development of the IP protection system in Vietnam and showed the need for improving professional capabilities of Vietnamese judges in this new and specialized legal field....

18 September

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Sanctions/Remedies against Copyright Infringement in Vietnam

Posted by KENFOX IP

in Copyright

Copyright infringement may be subject to administrative or criminal sanctions, depending on severity of the infringement. Further, the copyright owner may also take a court action to claim a compensation for damages caused by the copyright infringement. Below is a summary of sanctions/remedies under administrative, criminal or civil proceedings pertaining to copyright infringement in Vietnam....

18 September

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How can we file applications abroad?

Posted by KENFOX IP

in News

For owners of industrial property objects, filing their applications for registration of such objects abroad is not less important than filing in Vietnam. If one obtains industrial property rights in Vietnam, the right does not extend to foreign countries. You need to file applications in each and every country in which you desire to hold the industrial property right. Moreover...

17 September

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Patent Infringement Assessment Principles in Vietnam

Posted by KENFOX IP

in Patent

Per Article 102.3, Vietnam IP Law, the essential technical features of a claim are determined based on the following principles: [The scope of protection of an invention shall be expressed in the form of a combination of technical features which are necessary and sufficient to identify the scope of the rights to such invention and should be compatible with the description of invention and attached drawings]. ...

17 September

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Five key takeaways for enforcement of industrial design infringement in Vietnam

Posted by KENFOX IP

in Case Studies

In 2018, PIA...

09 September

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Comparison between an invention and a utility solution

Posted by KENFOX IP

in Patent

Both an invention and a utility solution (also called “utility model” or “utility innovation” in some countries) are a technical solution per se which proves valuable in manufacture, business and life. Under the prevailing regulations of Vietnam, a utility solution is not recognised separately as an industrial property object but a special form of an invention...

20 August

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Questions on copyright in Vietnam

Posted by KENFOX IP

in Copyright

Copyright and copyright related rights are categories in intellectual property rights which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Copyright related rights (related rights) are a special type of copyright and are separate from the author’s rights. Related rights are defined as rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes (Article 4.3, Vietnam IP Law). ...