10 May

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Safe habors

In 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...

10 May

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Geoblocking – What It Is and Why it Matters

Posted by Ly Dinh

in Copyright

Geoblocking 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....

10 May

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Exploring Pre-Release Leaks: What They Are and Why They Matter

Posted by Ly Dinh

in Copyright

The 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....

06 May

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

Posted by Ly Dinh

in Notable Articles, Trademark

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...