18 September

Sticky

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

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

Five key takeaways for enforcement of industrial design infringement in Vietnam

Posted by KENFOX IP

in Case Studies

In 2018, PIA...

09 September

0 Comments

Sticky

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

0 Comments

Sticky

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). ...

20 August

0 Comments

Sticky

Questions on trademark opposition/cancellation in Laos

Posted by KENFOX IP

in Laos

KENFOX: Yes, it is possible for a third party file an opposition in Laos. The New IP Law No. 38/NA of 2017 introduces an opposition procedure in Laos. Previously, when a trademark owner registered his/her trademark, there was no publication procedure available to inform and allow interested third parties to oppose to a pending trademark. The interested third party was only able to file a cancelation request with the Department of Intellectual Property of Laos (“DIP”), once the trademark certificate was issued and the trademark was registered with the DIP. Under the old IP Law of Laos, it was only...

20 August

0 Comments

Sticky

Vietnam adopts the Nice Classification 11th Edition

Posted by KENFOX IP

in News

Announcement on Adopting the Vietnamese Version of the Nice Classification of Goods and Service 11-2018 from January 01, 2018. As of 01 January 2018, The Vietnamese version of the Nice Classification 11th Edition - version 2018 (NCL 11-2018), translated by the IP Office of Vietnam (“IP Vietnam”) from the English version published by WIPO, will be applied to the classification of goods and services for trademark registrations....