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

What Are Constituent Elements For Criminal Liability For Trademark Infringement In Laos?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Counterfeiting and trademark infringement pose significant threats to businesses and consumers alike. In Laos, the legal framework for addressing these issues includes provisions for criminal liability. But what exactly constitutes a criminal offense in the context of trademark infringement? In this article, KENFOX IP & Law Office delves into the core elements that must be proven to hold an infringer criminally responsible under Lao law. We explore the concepts of intent, profit motive, and harm, along with the evidentiary requirements and potential defenses in such cases. 1. Establishing Criminal Liability for Trademark Infringement in Laos To establish criminal liability for trademark...

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Second Medical Use Patents: Promoting Development or Hindering the Pharmaceutical Industry in Southeast Asia?

Download The pharmaceutical landscape in Southeast Asia is undergoing a dynamic shift, with second medical use claims emerging as a crucial battleground. These claims, which protect the use of a known medical substance or device for a new therapeutic application, are gaining traction, but not without controversy. KENFOX IP & Law Office provides you with the importance and contentious nature of second medical use claims in Southeast Asia, examining the varying approaches across the region. Second Medical Use Claims: What They Matter? Developing new drugs and therapies requires significant investment in research and development (R&D). Second medical use claims provide pharmaceutical companies with...

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Joint Liability Confirmed in Thai Patent Infringement Case

Facts Thailand - In January 2024, the Court of Appeal for Specialized Cases upheld a ruling that found two local pharmaceutical companies, Unisun and Medline, jointly liable for infringing H. Lundbeck A/S's patent for antidepressant escitalopram. The court confirmed the lower court's finding that the companies manufactured, sold, and distributed the drug in Thailand without authorization. The companies were ordered to pay Lundbeck 106,500 Danish Krone (approximately US$15,500) in damages, plus legal costs and court fees. The case began in June 2020, when Lundbeck initiated legal action against Unisun and Medline for allegedly manufacturing, selling, and distributing escitalopram in Thailand without authorization....

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Exploring Collaboration Opportunities in Intellectual Property: KENFOX and Sha Patent and Trademark Firm

[vc_row triangle_shape="no"][vc_column][vc_column_text] Today, 01 November 2024, KENFOX IP & Law Office has successfully arranged a Zoom meeting with a partner from Japan. Participating the meeting is Mr. Hakucho Sha, Co-founder Managing partner of Sha Patent and Trademark Firm and Mr. Quan, IP Manager and Ms. Hong and Ms. Nga, senior associates from KENFOX IP & Law Office in Vietnam. This online meeting facilitated a productive exchange of information between KENFOX IP & Law Office and Sha Patent and Trademark Firm. Both parties provided an overview of their respective firms, highlighting their strengths and expertise in intellectual property matters. KENFOX IP & Law Office, represented...

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Re-Registration Of Chinese Patents In Cambodia: What Should Be Noted?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Cambodia and China entered into the Memorandum of Understanding on Bilateral Cooperation on Intellectual Property (“MOU”). The Cambodian Ministry of Industry and Handicrafts (“MIH”) adopted Prakas (Declaration) No. 080 MIH/2018 dated 27 March 2018 on the re-registration of Chinese patent in Cambodia. This MOU is valid for 5 years from the date of signing. It has been renewed recently. This MOU aims to strengthen their partnership and promote trade and investment. It allows Chinese patent holders to efficiently secure patent protection in Cambodia, boosting innovation and technology transfer between the two nations. This streamlines the process, saving time and resources...

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Agreement on IP Protection & Regulatory Services between Toho Holdings (Japan) at KENFOX

A great coincidental meaningful day today, 10 October 2024 - Vietnamese Lawyers' Day, we are honored to welcome representatives from two Japanese companies to KENFOX's office. They not only shared their success stories in Japan, telling us about their company's history as the 4th largest pharmaceutical company in Japan, founded in 1948 with 8,500 employees and listed on the Tokyo Stock Exchange. More importantly, they seek KENFOX's support, assistance, and legal counsel in registering pharmaceuticals, medical devices, and functional foods, as well as protecting their intellectual property rights in Vietnam. We appreciate the trust our Japanese clients have placed in us and...

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Criminal Procedures For Trademark Infringement In Laos

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark infringement cases in Laos involve a multi-stage process with specific procedures and timelines. In this article, KENFOX IP & Law Office provides a step-by-step guide to the process, outlining the roles of the police, prosecutors, and the courts, from the initial complaint to the final judgment and potential reopening of the case. 1. Initiation of the Case [Police] Proceedings can be initiated through a formal complaint, the offender's surrender, or an investigative body's discovery of the offense. Complaints can be submitted in writing or orally, with the latter requiring meticulous documentation by the receiving officer [Article 86, 87 of the...

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Making a presentation on IP Landscape in Southeast Asia at Jiaquan IP in Guangzhou

Our firm, KENFOX IP & Law Office, had the honor of being invited by Jiaquan IP, one of the leading Chinese IP firms with 800 professionals and offices throughout China, to deliver a presentation on the IP Landscape in Southeast Asia on 24 October 2024. The presentation was attended by the officials from Guangdong International Economic and Trade Development Center (广东省国际经贸发展中心). Undoubtedly, Southeast Asia has rapidly emerged as one of the world's most dynamic and fastest-growing regions. Increasingly, investors from China, Korea, Japan, Europe, and the US are investing heavily in Vietnam, Laos, Cambodia, and Myanmar. As a result, intellectual property...

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Giving a Lecture on IP Landscape in Southeast Asia at Shanghai International Studies University

Our firm, KENFOX IP & Law Office, had the honor of being invited by Shanghai International Studies University to give a lecture to law students and Chinese companies on the topic titled “IP Landscape in Southeast Asia: Strategies for businesses” on 18 October 2024. Professor Liu Haihong (刘海虹) praised the presentation's practical focus and its value to Chinese companies who are seeking opportunities in Southeast Asian countries, particularly in Vietnam, Laos, Cambodia, and Myanmar. https://mp.weixin.qq.com/s/dVGBixk3Q1u6-xkpdCBJHg Mr. Nguyen Vu Quan is a partner and IP Attorney at KENFOX with 20 years of practical experience in IPR disputes and infringement in Vietnam and other...

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Pharmaceutical Trademark Opposed in Vietnam: What Strategies for Successful Defense?

In a recent trademark opposition case, our firm, KENFOX ip & Law Offfice, successfully defended AJANTA PHARMA LIMITED's pharmaceutical trademark "VILDAREL" against opposition from BIOFARMA, owner of the prior mark "VASTAREL" (IR No. 221430). The opposition, based on Article 74.2(e) of Vietnam's IP Law, alleged that "VILDAREL" was confusingly similar to "VASTAREL" and could potentially harm BIOFARMA's brand reputation....

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