06 May

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Registering a Trademark in Bad Faith in Vietnam: How to Prove the Applicant’s Intentions and Motives

To 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?...

06 May

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Bad Faith – The Secret to Proving Bad Faith and Regaining the Trademark in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark

The filing of a trademark application is generally considered to be automatically made in good faith and creates exclusive rights for the owner. However, if the filing is intended to deprive the genuine trademark owner of the benefits of their existing mark and cause confusion for consumers, it will break the goals and basic principles of the law on intellectual property rights protection. Such trademark filing with the motive described above is considered to be in 'bad faith”....

03 May

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3 Typical Copyright Infringement Cases Criminally Prosecuted in Vietnam

Posted by Ly Dinh

in Copyright, Notable Articles

Download In recent years, Vietnam has emerged as a hotbed for copyright infringement, fueled by the rapid growth of websites and services that distribute pirated content. Sites like Phimmoi, Fmovies, AniWave, 123movies, BestBuyIPTV, and 2embed not only cause significant damage to the domestic creative market but also adversely affect the global industry. The popularity of these pirated movie sites stems from the substantial profits they generate. However, Vietnamese enforcement agencies have made significant efforts in law enforcement to address copyright infringement cases, especially in the field of digital content and online distribution. KENFOX IP & Law Office highlights three typical cases of...

02 May

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Filing Patent Infringement Lawsuits In Vietnam – What Businesses Stand To Learn?

Posted by Ly Dinh

in Notable Articles, Patent, Vietnam

Download At first glance, with a series of clear evidence such as the Assessment Conclusion of Vietnam Intellectual Property Research Institute (VIPRI) confirming patent infringement, the Inspection Conclusion of the Inspectorate of the Ministry of Science and Technology (IMOST) confirming the act of infringement, the products containing signs of patent infringement were also detained and recorded by IMOST, almost everyone would think that: The picture is clear as daylight, the infringement is obvious, undeniable, the defendant has no grounds to overturn the case. In such sense, it is best to accept defeat and conduct a negotiation with the patent holder to...

17 April

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Chinese Enterprises Flock to Bac Giang: Trends and Developments

Posted by Ly Dinh

in News, Viet Nam

Download According to the leader of the People's Committee of Bac Giang province, numerous Chinese companies, commonly referred to as "eagle" businesses, have established their operations in Bac Giang. Consequently, China has become the largest source of registered investment capital in the province, totaling nearly $6.4 billion USD. Significant Chinese investments in 2023 Bac Giang province continues to attract substantial Chinese investments this year. Notably, the Yadea Group has committed to an investment in Tan Hung Industrial Park, Lang Giang district. The project aims to construct a facility for manufacturing and assembling electric motorbikes, with a projected capacity of about 2 million vehicles...

15 April

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Trademark Oppositions In Vietnam: What Grounds And How To Effectively Apply?

Posted by Ly Dinh

in Notable Articles, Trademark, Vietnam

Download Intellectual property rights (IPR) holders never want their competitors to register a mark closely resembling their own marks. This is to mitigate legal risks, particularly in preventing confusion among consumers and deterring unauthorized trademark use or free riding on their goodwill associated with their mark. To mitigate these risks and safeguard the value of their brands and intellectual property in Vietnam, intellectual property rights holders must clearly understand the legal grounds for exercising the right to ”oppose” a trademark or to provide 'third-party observation”, as outlined in Articles 112 and 112a of the amended 2022 IP Law. What legal grounds justify...

12 April

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Validating Chinese patents in Cambodia: Understand clearly when to pay maintenance fees to avoid losing patent rights

Posted by Ly Dinh

in Cambodia

Patent validation, based on the Memorandum of Understanding on the registration of patents signed between China National Intellectual Property Administration (CNIPA) of China and Ministry of Industry, Science, Technology & Innovation (MISTI) of Cambodia, refers to the process by which a Chinese patent application, once granted, can also be recognized and enforced in Cambodia. Validation significantly benefits patent holders by allowing them to extend their patent protection to Cambodia without having to go through the entire patent application process again in the country....

04 April

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Protection of Plant Breeder’s rights in Laos: What You Need To Know

Posted by Ly Dinh

in Laos, Notable Articles

Download In Laos, farming (agriculture) is very important for both the people's way of life and the country's economy. Because of this, protecting the rights of people who create new types of plants (i.e., plant breeder's rights) is becoming a very important issue. The Law on Intellectual Property (Amended) No. 38/NA, which came into force on June 8, 2018, marks a significant step forward in recognizing and safeguarding the intellectual efforts of those who bring new plant varieties to life. But what does this mean for the breeders, the agricultural sector, and the biodiversity of Laos? KENFOX IP & Law Office...