25 April

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Proving bad faith: What lessons to be learned to reclaim trademarks in Vietnam?

Download Reclaiming a trademark through opposition or invalidation procedures is never simple, especially when the rightful owner has not registered the trademark in their target market. Nevertheless, a Turkish company successfully regained its trademark in the European Union through invalidation proceedings, despite not holding any pre-existing trademark rights there. The company's registration had been made in bad faith by a third party. This case features many noteworthy details. The rulings from the two competent EU authorities demonstrated an open approach and a reasonable application of the law, effectively restoring the legitimate owner's trademark rights. This decision also contributes to the ongoing...

24 April

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

Posted by Vu Thu Uyen

in Case Studies, IP Practice, Notable Articles

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...

24 April

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Assessing Intellectual Property Rights Infringement in Vietnam: Four Key Considerations

Posted by Vu Thu Uyen

in IP Practice, Vietnam

Upon suspecting an infringement of their intellectual property (IP) rights, holders can submit a request to the Vietnam Intellectual Property Research Institute (VIPRI) for an assessment or expert opinion to determine the presence of infringement elements....

22 April

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Medical method inventions: What should be done to obtain patent protection in Vietnam?

Posted by Vu Thu Uyen

in Patent, Vietnam

In Vietnam, methods of preventing, diagnosing, and treating diseases in humans and animals, known as “excluded medical methods”, are not eligible for patent protection under Article 59.7 of the Vietnam Intellectual Property Law. This regulation, established based on humanitarian policies, aims to facilitate access to advanced medical services for all societal classes, thereby improving public health by removing patent ownership barriers. However, it poses significant challenges for patent owners seeking to protect intellectual property rights for their medical method inventions. So, what are the excluded medical methods? How to identify these methods? And are there any available solutions for protecting...

16 April

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Cancelling a Trademark Registration in Bad Faith in Vietnam: What a Genuine Trademark Owner Needs to Do?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download [Executive summary]: v. . Tân Việt Company, a Vietnamese enterprise, successfully secured the trademark "CAF PROFESSIONAL SOUND" under Registration No. 390821 with IP VIETNAM. Upon discovering this registration, Kafu Company, a China-based company, filed an invalidation with IP VIETNAM based on bad faith ground. Category Details Applied-for trademark Class & goods 09 (Audio equipment such as speakers, audio amplifiers, disc players).35 (Trading, importing and exporting audio equipment such as speakers, sound amplifiers, disc players). Application/Registration No. 4-2018-28713 (390821) Applicant Công ty cổ phần xuất nhập khẩu & đầu tư phát triển Tân Việt (Tan Viet Company) Genuine trademark owner Foshan City Nanhai Kafu Professional Audio Equipment Factory (Kafu Company) Action Filing a trademark...

15 April

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05 Notable Bad Faith Trademark Cases in Vietnam: What Lessons Should You Learn?

Posted by Vu Thu Uyen

in IP Practice, Trademark

Download Trademark squatting or the bad faith registration of trademarks to misappropriate the intellectual property of foreign companies for illicit profit has become increasingly common in Vietnam. The more prestigious and reputable the brand, the greater the risk of becoming a target of this exploitative practice. KENFOX IP & Law Office would like to provide 05 notable bad faith trademark cases in Vietnam so that IPR holders who are currently conducting or planning to conduct business in Vietnam can understand the potential risks and challenges, having clearer picture of the legal processes in Vietnam, based on which better strategize their trademark...

09 April

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Exploring Vietnam’s Investment Landscape: DeHeng’s Strategic Visit to KENFOX

Posted by Vu Thu Uyen

in News, Viet Nam

Today, 09 April 2024, a team from DeHeng Law Offices conducted a visit to our firm, KENFOX IP & Law Office in Hanoi, to discuss the prospect of establishing a working relationship and to gain insights into the investment climate in Vietnam. DeHeng Law Offices, founded in 1993, is a leading law firm known for its comprehensive legal services, with over 4,000 legal service professionals and a significant commercial presence in more than 10 countries worldwide. KENFOX is highly regarded for its specialized expertise in IP, business, and investment laws. The current landscape indicates that China is massively investing in Vietnam...

02 April

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Enforcing Industrial Design Rights in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download Industrial design rights play a crucial role in safeguarding the unique and creative aspects of a product's appearance. These rights grant creators exclusive control over the visual attributes of their designs, ensuring fair competition and encouraging innovation. This guide outlines the procedures and measures available under Myanmar's Intellectual Property Rights Court to protect and enforce industrial design rights effectively. 1. Seeking Remedies for Infringement of Industrial Design Rights Filing a Suit for Provisional Measures: Design right holders seeking protection against infringement can apply for provisional measures through a civil action in the Intellectual Property Rights Court, as outlined in Sections 67(a) and...

02 April

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Invalidation and Cancellation of Registered Industrial Design in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, the process of invalidation and cancellation of a registered industrial design involves the legal mechanisms through which the rights associated with a registered design can be challenged or revoked. Industrial designs are vital for protecting the aesthetic and ornamental aspects of a product, ensuring creators and innovators can safeguard their unique visual creations. “Invalidation” refers to the procedure through which an interested party seeks to challenge the validity of a registered industrial design. This could be due to various reasons, such as prior existing rights, lack of novelty, or failure to meet the necessary requirements for design registration. The...

02 April

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Granting Licenses for Registered Industrial Designs in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, granting licenses for registered industrial designs is a strategic approach that allows owners to share their designs with others while safeguarding their rights. This guide provides a step-by-step process for granting licenses and ensuring proper documentation of these arrangements. Step 1: Setting License Terms As the owner of a registered industrial design, you have the authority to grant licenses to individuals or legally established organizations. Before doing so, it's essential to define clear and comprehensive terms and conditions for the use of your industrial design. These terms will outline the scope, duration, royalties, and any other relevant aspects of the...