17 September

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Patent Infringement Assessment Principles in Vietnam

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). ...

20 August

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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

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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....

20 August

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Guidance on establishment of new foreign invested enterprises in Vietnam

Posted by KENFOX IP

in Investment and Enterprise

This guidance focuses on investment activities of foreign investors in relation to the establishment of their foreign invested enterprises (“FIE”) in Vietnam....

18 August

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Guideline for Copyright issues in Vietnam

Posted by KENFOX IP

in Copyright

What are the requirements for copyright to subsist in a work? KENFOX: Per Article 14.3 of Vietnam IP Law, a work must be created directly by authors through their intellectual labor without copying others’ works. As a matter of practice, to quality for copyright protection in Vietnam, a work must be of originality (i.e. an author's own intellectual creation) and creativity (i.e. a sufficient amount of intellectual creativity). Copyright subsists since the time the work is fixed in a tangible medium (irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published...