KENFOX IP & Law Office > Articles posted by Vu Thu Uyen

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

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...

Continue reading

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

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...

Continue reading

Quyền tác giả đánh bại quyền nhãn hiệu – Một vụ việc hay để hiểu hơn về lợi ích của đăng ký quyền tác giả tại Việt Nam

Download Bối cảnh – Tranh chấp giữa nhãn hiệu và quyền tác giả Năm 2006, Fuku Electronics Co., Ltd., một công ty ở Hàn Quốc, đã phát triển một nồi áp suất điện được thương mại hóa với logo lấy cảm hứng từ một tấm thư pháp nổi tiếng của Hàn Quốc:  (phát âm là "Yipinshi" trong Hán Việt). Bản quyền gắn liền với sáng tạo nghệ thuật này sau đó được nhượng cho Qingdao Fuku Electronics, một công ty của Trung Quốc. Vào tháng 7/2007, Zheng Jianhong đã nộp đơn đăng ký logo "Yipinshi" làm nhãn hiệu cho nồi áp suất điện...

Continue reading

Enforcing Industrial Design Rights in 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...

Continue reading

Invalidation and Cancellation of Registered Industrial Design in 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...

Continue reading

Granting Licenses for Registered Industrial Designs in 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...

Continue reading

How Can We Record Transfer of Registered Industrial Design Rights in Myanmar?

Download In Myanmar, the transfer of registered industrial design rights is a significant process that involves the change of ownership or application status. This guide outlines the steps to request and record the transfer of these rights, ensuring a seamless transition of ownership or application to a new entity. Step 1: Request for Transfer (a) If you are the applicant seeking to transfer the application of an industrial design, you can formally request the Registrar to record the transfer of your application. This request should be made in accordance with the specified guidelines. (b) In case you are the current owner of a registered...

Continue reading

Understanding Registered Industrial Design Rights in Myanmar

Download Registered industrial design rights in Myanmar provide exclusive protections for innovative designs. As the owner of a registered industrial design, you can enjoy these rights throughout the registration period. By complying with the provisions in this chapter, you secure your design's legal status and gain the following privileges. 1. Exclusive Rights and Civil Actions As the rightful owner, you possess exclusive rights to: (i) Prohibit any commercial production, sale, or import of products without your consent, if they incorporate reproductions of your registered industrial design or designs that substantially replicate its main elements, and (ii) Initiate civil action against parties who infringe...

Continue reading

What Penalties Face Those Who Infringe Copyright under Myanmar’s Copyright Law?

Download Illegal actions infringing on copyright and related rights, from unauthorized reproduction and distribution to the possession and importation of pirated goods, are subject to penalties under Articles 82-85 of Myanmar's Copyright Law. These articles establish a comprehensive legal framework for combating copyright infringement in Myanmar, offering penalties aimed at deterring violations and safeguarding the rights of copyright holders. KENFOX, with its extensive experience in pursuing civil actions against IPR infringement, would like to provide provide an overview of these offences and penalties to equip copyright holders with the essential knowledge and practical tools needed for robust protection of their intellectual...

Continue reading

How to File a Lawsuit Against Copyright Infringement Under Myanmar’s Copyright Law?

Download Myanmar’s Copyright Law of 2019, particularly Articles 73 to 81, provides a detailed legal framework for copyright holders seeking to enforce their rights through the courts, ensuring fairness and justice in the enforcement of copyright and related rights. KENFOX, which has extensive experience in taking civil actions against IPR infringement, would like to provide the following 10-step process to equip copyright holders with essential knowledge and practical tools for a robust protection for their intellectual property rights in Myanmar IP court. Step 1: Filing a lawsuit •  Civil miscellaneous case: Right holders start the legal process by filing a civil miscellaneous case...

Continue reading