21 April

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IP Assessment and Dispute Resolution in Vietnam: VIPRI’s Contributions and Statistics

Download The Vietnam Intellectual Property Research Institute (VIPRI) is a specialized research institution that operates under the Ministry of Science and Technology in Vietnam. The primary mission of VIPRI is to provide expert opinions and assessments related to industrial property infringement cases. In particular, VIPRI focuses on industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. As a specialized research institution in Vietnam, VIPRI provides expert opinions and assessments to concerned parties such as Vietnamese enforcement authorities, IPR holders, and alleged infringers. As of April 2023, VIPRI has only received...

17 April

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Interim guidance for handling IP-related applications under the Amended IP Law 2022

Posted by Vu Thu Uyen

in News, Notable Articles, Viet Nam

Download The Amended Intellectual Property Law 2022 (“Amended IP Law 2022” or “the prevailing law”) has been in effect since 1 January 2023, offering the expected benefits of of comprehensiveness and harmonization. This Amended IP Law 2022 promises to be a helpful tool for IPR holders and practitioners, with more than 100 amended and added articles covering a wide range of IP subject matters, including inventions, designs, trademarks and copyrights. As a matter of principle, following the amendments made to a law in Vietnam, pertinent sub-law documents such as government decrees and ministerial circulars need to be amended or replaced in...

05 April

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ASPEC Programme – an avenue to expedite patent granting in Vietnam and other ASEAN countries

Posted by Vu Thu Uyen

in IP Practice, Patent, Vietnam

Download 1. What is ASEAN Patent Examination Co-operation (ASPEC) programme? The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results. Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued by...

04 April

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Exploring cosmetic registration and IPR protection in Vietnam: Korean company visits KENFOX IP & Law Office for business insights

Posted by Vu Thu Uyen

in News

On March 14, 2023, our law firm, KENFOX IP & Law Office, had the honor of participating as a speaker at a seminar in Seoul, jointly organized by KITA and KMDIA. Following this event, we were delighted to receive a visit from a Korean company at our office in Hanoi, seeking our assistance with cosmetic registration and intellectual property rights protection in Vietnam. The Korean cosmetic company demonstrated an understanding of the significance of safeguarding their intellectual property rights in Vietnam, as well as the promising opportunities for expansion in the local cosmetic market. After joining the seminar in role of a...

20 March

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Trademark Refusal in Vietnam, Laos and Cambodia: The Fine Line Between Descriptive and Suggestive

Posted by Vu Thu Uyen

in Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark registration is an essential step for any business seeking to protect its brand identity and intellectual property. However, the process of trademark registration can be challenging, particularly when a mark falls into the gray area between being descriptive or suggestive. In Vietnam, Laos, and Cambodia, as in many other countries, trademarks that are deemed purely descriptive are not eligible for protection under trademark law but a suggestive mark may be eligible for registration and protection. However, determining whether a mark is descriptive or suggestive can be a challenging and subjective task, and there is often a thin...

13 March

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Is the use of a trademark on the website considered admissible evidence against a trademark invalidation in Vietnam ?

Posted by Vu Thu Uyen

in Trademark in Vietnam, Vietnam

Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration. This procedure serves to cancel trademarks that exist in the register but are not used in practice, and also to prevent trademark squatting that aims to block identical marks from entering the market. However, the absence of clear guidelines on the "use of trademark" in Vietnam's intellectual property law may hinder the institution's ability to invalidate trademarks based on non-use grounds stipulated...

20 February

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Is a trademark published after its registration in Laos?

Posted by Vu Thu Uyen

in Trademark

The publication of a trademark in the industrial property gazette serves as public notice of the trademark registration and provides information about the trademark to the public. The post-registration publication of a trademark application provides potential infringers with notice of the trademark owner’s rights. It also provides an opportunity for third parties to file a cancellation action against the trademark registration if they believe that it infringes on their rights or is otherwise inappropriate. This makes trademark registration fair and transparent. After a trademark is registered, the Department of Intellectual Property of Laos must publish the trademark registration in the Official...

17 February

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What are advantages of prior use of trademarks in Laos?

Posted by Vu Thu Uyen

in Trademark

The use of an unregistered trademark comes with certain risks, such as the possibility of infringing on the trademark rights of others if the unregistered mark is deemed confusingly similar to a prior registered trademark. However, there are also some potential benefits to using an unregistered mark before applying for registration, for example: (i) Increasing chance of success in registering marks of low disctinctiveness: In some cases, a descriptive trademark may become distinctive through widespread use prior to the filing date. In these situations, the trademark applicant can overcome objections related to lack of distinctiveness by providing evidence that their trademark...

17 February

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How to cancel/invalidate a trademark registration in Laos ?

Posted by Vu Thu Uyen

in Trademark

Trademark cancellation proceedings in Laos serve as a crucial legal avenue to remove a registered trademark from the trademark register. This process can be initiated by anyone who believes that the trademark in question should not have been registered or that the trademark owner is no longer using the trademark in commerce. At KENFOX, we understand the significance of trademark cancellation and provide a comprehensive guide to help you navigate the process effectively. Whether you believe a registered trademark should not have been granted or that the trademark owner is no longer using the mark in commerce, understanding the grounds,...

17 February

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Can we file a request for recordal of changes for trademark registration and obtain a duplicate of a Trademark Registration Certificate in Laos?

Posted by Vu Thu Uyen

in Trademark

Can we file a request for recordal of changes for trademark registration in Laos? Regularly reviewing trademark registration to ensure that it remains accurate and up-to-date is critical. After a trademark is registered, a requirement for recordal of change of the trademark registration may arise in the following scenarios: (i) Change in the goods/services: If the trademark owner may need to limit/delete some goods/services under the registered mark. (ii) Change in the trademark use or the trademark image: If the trademark owner has changed the way that they use the trademark, they may need to make changes to their trademark registration to reflect...