Other questions on copyrights in Vietnam

Vietnam is currently a member of five international copyright conventions and treaties: the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention); the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Convention); the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention); and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). In addition, Vietnam has signed bilateral agreements and memoranda for closer cooperation and strengthening...

17 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...

16 August

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Questions on border control measures in Laos

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1. Whether it exists the customs filing for trademarks in Laos. If exists, please kindly send us the basic introduction of the customs system. Our advice: Laos has not initiated a formal Customs recordation system. However, if the trademark owner is aware of a shipment containing counterfeit goods, they may inform Customs and file a motion by submitting an application form provided by Customs and pay a bond or deposit to initiate actions for suspension of Customs clearance. The IP Law of Laos allows IPRs owners and/or Customs to initiate actions for suspension of Customs clearance of suspicious counterfeit goods. The tariff...

16 August

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Questions on border control measures in Cambodia

Posted by KENFOX IP

in Cambodia

Download 1. Whether it exists the customs filing for trademarks in Cambodia. If exists, please kindly send us the basic introduction of the customs system. Our advice: Cambodia has not initiated a formal Customs recordation system. In other words, customs recordal is not available in Cambodia now. However, upon detecting an allegedly trademark infringement goods consignment to be imported into Cambodia, the trademark owner may request to the Cambodian customs authorities to suspend customs clearance. (Article 35: The owner of any registered trademark may make application to the customs or the competent authorities or court to suspend clearance of goods suspected of being...

16 August

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Questions on border control measures in Vietnam

Posted by KENFOX IP

in Uncategorized

Customs supervision: An IPR holder is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

15 August

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Questions on Copyright Enforcement in Vietnam

Posted by KENFOX IP

in Copyright

Copyright infringement in Vietnam, besides being settled under civil route, is handled under administrative route or criminal route. Per Article 200, Vietnam IP Law, Vietnamese enforcement bodies include: + Copyright enforcement bodies under administrative route: (i) Inspectorates of Ministry/Departments of Culture, Sports and Tourism. (ii) Market Management Offices; (iii) Customs Offices; (iv) Police Agencies ...