Antibiotice S.A (Romania) has established a Representative Office (“RO”) in Hanoi to serve as a liaison, explore the market, and promote investment and business opportunities in Vietnam. Currently, the company aims to expand its business activities in the healthcare sector. Specifically, Antibiotice S.A’s RO intends to carry out the following activities:...
Continue readingAccording to the National Steering Committee 389, the year 2023 witnessed an alarming increase in acts of counterfeit production, trade, and infringement of intellectual property rights (IPR). The number of cases recorded in 2023 was over 4,000, an increase of more than 126% compared to the same period in 2022. Notably, many cases have been handed over to the police for prosecution on charges related to counterfeit production, trade, and IPR infringement....
Continue readingFor products where the external appearance provides part or all of the brand identity for consumers, protecting the external form is as important as protecting the trademark. The success of a product is often influenced by its external appearance. In a trend where consumers tend to focus on the aesthetics of a product, the appearance of a product can often be equivalent to or, in some cases, more important than its function....
Continue readingHave you invested time and effort into crafting the perfect trademark, only to see it rejected by the Intellectual Property Office of Vietnam (IP Vietnam)? Don’t give up! Trademark refusals can be frustrating, but they aren’t necessarily the end of the road. There are still options for challenging the decision and potentially securing your trademark registration. Our firm, KENFOX IP & Law Office provides a clear breakdown of the appeal process in Vietnam, equipping you with critical information to pursue a successful appeal....
Continue readingDid you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...
Continue reading"PaaS" stands for "Piracy as a Service." This is a play on the more common term "Platform as a Service" in the technology industry, which refers to providing a platform allowing customers to develop, run, and manage applications without the complexity of building and maintaining the infrastructure typically associated with developing and launching an app. "Piracy as a Service" refers to services or platforms that facilitate or enable piracy by providing the necessary infrastructure, technology, and often a vast library of unauthorized digital content like movies, TV shows, or software. These platforms make it easy for other websites or end users...
Continue readingIn the context of copyright law, "safe harbors" refer to legal provisions that provide immunity or protection to Internet Service Providers (ISPs) and other online intermediaries from liability for the copyright infringement activities of their users, as long as the intermediaries meet certain specified conditions. These provisions are designed to balance the rights of copyright holders with the practicalities of online service operation, enabling the digital economy to flourish while also protecting intellectual property rights. To qualify for safe harbor protection, ISPs and other intermediaries generally must: [1] Not have actual knowledge of the infringing activity or, in cases where they do...
Continue readingGeoblocking is the practice of restricting access to internet content based on a user’s geographical location. This is typically achieved by using technology to determine the user’s IP address, which identifies the country or region from which they are accessing the internet. With this information, content providers can then either allow or deny access to specific content....
Continue readingThe term "pre-release leaks" refers to unauthorized releases of music or other media before the official release date set by the publisher or artist. These leaks can occur through various channels and often involve digital files being made available online without permission. This allows consumers to access and distribute new music before it is officially released, often harming sales and disrupting marketing plans. Pre-release leaks are considered a serious issue within the music and entertainment industries, as they undermine the controlled release strategies meant to maximize media exposure and revenue....
Continue readingTo prove that a trademark application was filed in “bad faith”, it must be shown not only that the applicant “knew” or “had a basis to know” about the mark of the legitimate trademark owner but also that the applicant had a specific intention or motive behind the registration. As per Article 34.2(b) of Circular 23/2023/TT-BKHCN, this second condition focuses on the motives and intentions of the applicant. What actions do these intentions and motives include? Is it easy to prove?...
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