From Europe to Vietnam – Three Questions for Determining the Copyright Eligibility of Functional Products as Works of Applied Art

in Newsletters/ Publications, Notable Articles

[/vc_column_text][vc_empty_space height="13px"][vc_column_text] Download In traditional legal thinking, functional products - ranging from sandals and handbags to perfume bottles - have generally been viewed as falling within the scope of industrial design protection rather than copyright. However, the judgment rendered on 12 November 2025 by the District Court of Midden -Nederland in Birkenstock v. Scapino (Case No. C/16/577582 / HA ZA 24-336) marks a significant turning point. The Court affirmed that even products commonly perceived as being primarily functional, such as sandals, may qualify for copyright protection where their appearance results from the designer's free and creative choices and reflects the designer's personal...

26 June

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Asplund v. Mio: The Real-World Test After Cofemel – When Does a Dining Table Become a Copyright-Protected “Work”?

Posted by Minh Chau

in Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download While the landmark Cofemel v. G-Star ruling officially rejected the notion that applied art products are only eligible for copyright protection if they achieve a "high level of artistic merit," current litigation practice raises a far more complex question - a new gray area: Where lies the boundary between an "original creation" and a "common variant" in the furniture sector, where utilitarian function inherently restricts a designer's creative freedom? In disputes over the copying of furniture, decorative lighting, cabinetry, and similar designs, traditional legal thinking is often driven by an industrial design approach: the parties, and even the Courts, tend...

17 June

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Cancellation of Bad Faith Trademark Registration in Laos: The PINDUODUO Case

Posted by Minh Chau

in Laos, Laos, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Many jurisdictions in Southeast Asia operate on a first‑to‑file basis for trademark protection. In Laos, the party who first files a trademark application generally secures priority regardless of whether it has used the mark. This rule creates a vulnerability when opportunistic registrants obtain local registrations for internationally known brands before the actual owners enter the market. However, a recent landmark decision by the Lao Department of Intellectual Property (DIP) highlights that the first-to-file rule is not an absolute shield for opportunism. Represented by KENFOX (LAO) IP Service CO., LTD, the true owner of the global e-commerce giant - Shanghai Xunmeng...

03 June

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STRENGTHENING INTELLECTUAL PROPERTY PROTECTION IN VIETNAM: Visit and Working Session of HongYuan Intellectual Property Law Firm at the KENFOX Office

Posted by Minh Chau

in Events, News

[vc_row triangle_shape="no"][vc_column][vc_column_text] On May 22, 2026, KENFOX IP & Law Office was honored to welcome representatives of HongYuan Intellectual Property Law Firm for a visit and working session at the KENFOX office in Hanoi. The meeting focused on key issues relating to the protection and enforcement of intellectual property rights in Vietnam, including legal reforms, the effectiveness of handling infringement acts, investigative infrastructure, and enforcement coordination mechanisms among competent authorities. Key Discussion Topics During the meeting, KENFOX experts provided in-depth analysis and practical insights into the intellectual property landscape in Vietnam, including: Legal Framework & Enforcement: Updates on the latest amendments to intellectual...

29 May

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Overcoming the Territoriality Trap: How FUMARI Blocked a Bad-Faith Trademark Filing in Laos Without Local Registration

Posted by Minh Chau

in Notable Articles, Trademark, Viet Nam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Department of Intellectual Property of Laos (“Laos DIP”) recently issued a Notice sustaining an opposition against Trademark Application No. 50354 for “FUMARI” in Class 34, filed by Xuanfeng Biotechnology Sole Co., Ltd. In this matter, KENFOX IP & Law Office represented Fumari Inc. to challenge the adverse party's mark, steering the case to a successful outcome. In its Notice, the Laos DIP confirmed that, following consideration of the opposition based on the relevant reasons and evidence submitted, the opposition was sustained. As a result, the opposed application will not proceed to the substantive examination stage. This is a significant outcome...

23 April

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Similarity Does Not Necessarily Mean Confusion: What Strategy Can Secure Trademark Protection in the Face of Opposition from a Multinational Group?

Posted by Minh Chau

in IP Practice, Trademark in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Being opposed by a major international group is never an encouraging signal for any business seeking protection for its trademark. That pressure becomes particularly acute when the Intellectual Property Office of Vietnam (“IP VIETNAM”), upon examining the matter, issues a notice of intended refusal. From that point onward, the task of protecting one’s rights no longer lies merely in rebutting the opposing party’s arguments; it becomes a matter of persuading IP VIETNAM to reconsider and reverse its own preliminary view - a view that may, to some extent, have been shaped by the intangible influence exerted by globally renowned...

12 March

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Cassation Protest in the Binh Minh Plastics Case: Restoring the Value of Expert Evidence in Trademark Dispute Resolution

Posted by Minh Chau

in Trademark, Trademark in Vietnam

Download On March 9, 2026, the intellectual property (IP) dispute between Binh Minh Plastics Joint Stock Company and Binh Minh Viet Plastics Joint Stock Company marked a significant procedural turning point: the Supreme People's Procuracy officially issued a Cassation Protest. This decision recommends the annulment of both the first-instance judgment of the People's Court of Ho Chi Minh City and the appellate judgment of the High People's Court in Ho Chi Minh City. Over the past period, this case has been considered a typical "bottleneck," exposing the unpredictability and latent risks within Vietnam's IP litigation system. Previously, despite holding the most robust...