17 September
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10 September
IPR assessment against IPR infringement, expert opinions in IPR infringement in Vietnam
Posted by KENFOX IP
There have been 3 public organizations which provide expertise opinions/ IPR assessment conclusions (IPR analysis services) in Vietnam, namely, (i) Intellectual Property Office of Vietnam (“IP Vietnam”), (ii) Vietnam Intellectual Property Research Institute (“VIPRI”) and (iii) Expertise Center of Copyright, Related Rights (“ECCR”)....
Continue reading 09 September
Comparison between an invention and a utility solution
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...
Continue reading 20 August
Questions on copyright in Vietnam
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). ...
Continue reading 20 August
Questions on trademark opposition/cancellation 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...
Continue reading 20 August
Vietnam adopts the Nice Classification 11th Edition
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....
Continue reading 20 August
Guidance on establishment of new foreign invested enterprises in Vietnam
Posted by KENFOX IP
This guidance focuses on investment activities of foreign investors in relation to the establishment of their foreign invested enterprises (“FIE”) in Vietnam....
Continue reading 18 August
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...
Continue reading 17 August
Guideline for Copyright issues in Vietnam
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...
Continue reading 16 August
Questions on border control measures in Laos
Posted by KENFOX IP
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...
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