07 December

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...

28 November

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Pharmaceutical Registration In Vietnam: Strategic Partnership Between KENFOX And AKAKABE

Posted by Ly Dinh

in News

Download The registration of pharmaceuticals (or drug registration) in Vietnam is a complex procedure that demands strict adherence to the standards set by the Drug Administration of Vietnam under the Ministry of Health. For foreign enterprises aiming to bring pharmaceutical products to the Vietnamese market, submitting an application for the registration of pharmaceutical circulation at the Drug Administration of Vietnam is an obligatory step. Moreover, practical experience reveals that, within the pharmaceutical business landscape, challenges such as acts of infringement, disputes over intellectual property, and unpredictable market impacts are inevitable. 🌐 Significance of the Visit: In a business environment that is...

22 November

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Patent refusal in Vietnam: Reasons & Suggestions for Applicants

Posted by Ly Dinh

in Notable Articles, Patent

Filing a patent application is a significant step towards protecting your intellectual property. However, the journey doesn't end with submission; patent applicants often encounter substantive office actions, crucial points where the patent office reviews the application in detail. Understanding these office actions is vital for a successful patent approval process. In Vietnam, the Intellectual Property Office of Vietnam (IP VIETNAM) handles these proceedings. This article aims to shed light on substantive office actions for patent applications in Vietnam and offer insights on how to navigate through them effectively....

26 October

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What Proactive Strategies Can Brand Owners Employ To Enhance Their Partnership With Customs Officials In Laos And Improve Their Chances Of Intercepting Counterfeit Goods Before They Enter/Exit The Market?

Posted by Ly Dinh

in Laos, Trademark

Customs recordal can be an effective means of enforcing IP rights in Laos because it provides a legal framework for customs officials to take action against counterfeit products at the border. With recordal, businesses can furnish details about their IP rights, including trademarks and copyrights, to the customs authorities. This information equips customs officials to identify and seize infringing goods, which can prevent counterfeit products from entering the country. However, relying solely on customs recordal is not a foolproof method for enforcing IP rights. It requires vigilance and cooperation between the IP owner and the customs authorities to effectively identify and...

26 October

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What Are The Potential Costs Involved In Working With Customs Officials To Protect A Brand’s Intellectual Property, And How Can These Costs Be Managed Effectively In Laos?

Posted by Ly Dinh

in Laos, Trademark

To safeguard IP rights in Laos through the customs system, rights holders generally allocate a sufficient budget for strategic actions and measures. These expenses cover the custom recordal and the inspection and suspension procedures for counterfeits at Customs. Under Article 32 of Law on Custom, revised in 2019, if a rights holder possesses reliable information that imported, exported or transited goods infringe their trademarks or copyrights, they can submit a request to Customs for inspection and temporary seizure of such goods. Prior to inspection and suspension, the rights holder is required to deposit of a security of 10,000,000 Kip (about...

26 October

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Are There Any Time-Sensitive Considerations That Brand Owners Should Be Aware Of When Dealing With Customs-Related IP Enforcement In Laos?

Posted by Ly Dinh

in Laos, Trademark

In case of customs supervision through recordal, brand owners must respond within a strict 3-day window upon receiving any notice from customs regarding suspected goods, they only have 3 days for giving their confirmation. Failing confirmation within this timeframe empowers customs officers to proceed legally, leading to the release of the suspected goods for declaration at customs. In case a rights holder files an application with customs for inspection and suspension of counterfeit good, any detected and retained items must be addressed through judicial action with a specified period of 10 working days. Failure to do so results in the immediate...

26 October

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How Will Brand Owners Typically Be Contacted When Suspicious Or Counterfeit Goods Are Identified In Laos?

Posted by Ly Dinh

in Uncategorized

Under the IP protection through customs recordal measure, brand owners receive a notification from Customs through their IP representative. After being notifed, the brand owner is required to confirm within 3 working days whether the suspected goods are counterfeits. They must promptly inform Customs of their confirmation and then request the seizure of the goods. Further, brand owners are encouraged to conduct thorough searches and investigations to assess the extent of the counterfeiting operation. Gathering substantial information about the infringers is crucial. This evidence may prove essential in the event tat the brand owner decides to initiate legal proceedings in the future....

26 October

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What Is The Typical Process For Confiscation Or Further Investigation In The Event That Lao Customs Officials Identify Potentially Counterfeit Goods?

Posted by Ly Dinh

in Laos, Trademark

In the context of customs procedures, in case of suspecting counterfeit goods at the Customs followed by the customs recordal, the below activities are involved: Customs officials inspect and compare goods with the information provided in the customs declaration and customs recordal, which has been registered in the Customs database. This includes examining photos, description, and characteristics used to identify genuine goods to determine whether the goods are counterfeit or if they are suspected of infringing IPRs; If the grounds for determining goods are suspected of being counterfeit or infringing IPRs are not sufficient, it is required to carry out...

26 October

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Can Brand Owners Send Lao Customs Officials A Product Information Guide Or Any Additional Materials To Assist Them In Identifying Genuine Products?

Posted by Ly Dinh

in Laos, Trademark

To increase the effectiveness of customs recordal in detecting and preventing the importation or exportation of counterfeit goods, trademark owners should furnish customs officials with clear and detailed information regarding their registered trademarks. Specifically, the following details can aid customs officials in better identifying counterfeit goods and differentiating them from genuine products. images, descriptions, samples of genuine products, a list of Characteristics for distinguishing genuine goods from goods infringing on IP rights, any equipments or tools to differentiate the differences between the original and counterfeit products. Such details can be submitted in Word, PDF, or physical formats, provided they...

26 October

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Are Copyright Registrations Registrable With Customs In Laos?

Posted by Ly Dinh

in Laos, Trademark

Customs recordal in Laos is applicable not only for trademark registrations but also for copyright registrations. The procedures and authorities involved in examining the customs recordal of these IP subject matters as mentioned are the same. Copyright owners seeking to record their copyrights with the Laos Customs Department must submit an application alongside the required documents and fees. One of the essential documents is a Copyright registration certificate in Laos. Despite being a signatory to Berne Convention, Laos handles copyrights territorially. Copyright owners are advised to register their works within the country to ensure comprehensive protection of their IP rights. This recommendation...