KENFOX IP & Law Office > Articles posted by KENFOX IP (Page 23)

Questions on border control measures 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...

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Questions on border control measures in Vietnam

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....

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Border control measure for IPR protection in Vietnam

A GI owner 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....

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Criminal procedure for IPR enforcement in Vietnam

A provincial People’s Court is entitled to hear criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories (Article 268.2 (b), Criminal Procedure Code 2015). As regards territorial jurisdiction, a Court, whose location is most adjacent to the scene of a crime, shall have jurisdiction over the criminal lawsuit against that crime....

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Civil procedure for IPR enforcement in Vietnam

For IPR cases, proceedings must be commenced in the court for the province where the defendant resides or works or has its head office or if a dispute is relating to compensation for non-contractual damages, the plaintiff may request the Court of the locality in which his/her residence, work place or head office is located or where the case causing damage occurs to hear the matter (Article 40.1(d), Civil Procedure Code 2015). ...

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Administrative procedure for IPR enforcement in Vietnam

Generally, under trademark-based enforcement practice, the Vietnamese competent enforcement authorities will set up an Inspection Team and may invite representatives from our firm and request local Police to join the inspection to ensure Inspection Team safe during raiding against the alleged infringer. The alleged infringer’s premise/factory/warehouse will be checked/inspected to detect and seize the infringing products. Minutes of administrative violation may be immediately made or a Working Minutes will be made first if necessary to have a meeting/discussion with the alleged infringer later before making a...

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Questions on Copyright Enforcement in Vietnam

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 ...

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Important notes on International Application designating Vietnam

Protection of collective marks: • Holders are must provide regulations governing the use of a collective mark as soon as possible. • Providing a summary of regulations governing the use of a collective mark is not considered sufficient. • Regulations must be submitted in Vietnamese. • Holders must provide explanations of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics). Protection of certification marks: Holders must provide: • regulations governing use of the mark, • explanation of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a mark for...

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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....

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Guidance on Franchise Registration in Vietnam

Conditions applicable to franchisors   A business entity may grant a franchise when the business entity satisfies all of conditions as stipulated by Vietnamese laws, particularly: (i) business system to be franchised has been operating for at least 01 year[1], (ii) business entity has registered the franchising activity with the competent body in accrdance with Vietnamese laws, and (iii) goods and services are eligible for franchising. It is further noted that, an enterprise may only conduct business in goods and services on the list of goods and services in which business is restricted or subject to conditions after such business entity has been...

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