25 October
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25 October
Fighting Counterfeits And Trademark Squatting In Vietnam: A perspective from Foellie case
[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the 2022 statistics recently published by the Ministry of Planning and Investment of Vietnam, it was revealed that Korea stands as Vietnam's leading foreign investor. With an impressive investment of over 80 billion USD and nearly 9,500 registered projects, Korea's substantial contribution demonstrates remarkable confidence in the Vietnamese market. However, this trust is currently under threat due to a concerning trend: the increasing prevalence of counterfeit products and brand speculation. To cope with these pressing issues, Korea Trade-Investment Promotion Agency (KOTRA) – held a seminar titled “Current Situation and Solutions for Identifying Counterfeit Goods and Intellectual Property Violations from...
Continue reading 13 September
Overcoming refusal of patent applications in Vietnam – What strategies?
The initial "patent" application faced a denial, leading to the most likely course of action being an amendment of the set of claims to secure a "utility solution" patent. Faced with the second refusal notice from the Intellectual Property Office of Vietnam (IP VIETNAM), many applicants tend to opt for the straightforward route of converting their applications from "invention" to "utility solution". This choice is often made under the belief that obtaining any kind of patent is preferable to facing a final rejection. However, with a well-thought-out strategy, applicants can still pursue their patent applications without the need to convert...
Continue reading 09 August
Resolving Disputes Between Trade Names and Trademarks in Vietnam: How to Proceed?
Disputes between trademarks and trade names are commonplace and present considerable challenges for businesses. Establishing rights for trade names under Vietnamese law is relatively straightforward. If a trade name is shown to have been legally used in Vietnam and does not infringe upon existing trademarks, business names, or geographical indications, its rights are established. ...
Continue reading 29 May
Overcoming Trademark Rejection in Cambodia: Winning Strategy from the “DING TEA” Milk Tea Case
Download As foreign investment in Southeast Asia continues to surge, Cambodia is emerging as a top destination for businesses looking to expand their reach. However, obtaining trademark registration in this market is no walk in the park. With a vast number of trademark applications filed annually, it's easy for a mark to be deemed too similar to an earlier one or refused altogether by the examiner. This is where IP attorneys with extensive experience and knowledge of IP law can provide effective strategies for winning the trademark battle to obtain registration in Cambodia. KENFOX IP & Law Office, with nearly 20...
Continue reading 15 May
Navigating Vietnam’s Regulatory Landscape: CSPC Company’s Working Visit to KENFOX for Drug Registration and IPR Protection
in News
On May 10, 2023, our firm, KENFOX IP & Law Office, was delighted to receive a working visit from CSPC Pharmaceutical Imp. & Exp. Co., Ltd at our office in Hanoi, seeking our assistance with setting up a representative office in Hanoi, drug registration and issues related to the protection of intellectual property (IP) rights in Vietnam. CSPC is one of the leading pharmaceutical companies in China with state-of-the-art production lines and a professional R&D team focused on drug discovery, clinical development and safeguarding IP rights. CSPC Company recognizes the potential opportunities for expanding their market and aims to import and...
Continue reading 08 May
How to Strategically Use Evidence in IP Infringement Cases in Vietnam?
The principle of “burden of proof” is essential to any legal dispute, and intellectual property infringement litigation is no exception. However, recent cases in Vietnam suggest that plaintiffs face significant challenges in meeting this burden, particularly when it comes to presenting evidence in support of their claims....
Continue reading 29 March
Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions
in IP Practice, Trademark
Download Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This...
Continue reading 29 March
Patent invalidation in Vietnam: Key Considerations and Approaches
[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows...
Continue reading 29 March
Bad faith (Malicious) – a legal basis for trademark opposition or invalidation in Vietnam
in IP Practice, Trademark
"Bad faith" is a legal term that was added to Articles 96 and 117 of Vietnam's amended IP Law in 2022 in order to address the following issues: (i) to close legal loopholes that had been identified from the "first-to-file" principle – a mechanism that grants protection titles to the those earliest filed trademark applications, including those made in bad faith and (ii) effectively curbing trademark squatting – a growing trend in emerging economies like Vietnam. With the provision of "bad faith," a legitimate trademark owner has an additional important legal basis to challenge the validity of a trademark filed or registered by a third party...
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