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KENFOX IP & Law Office > Articles posted by Vu Thu Uyen (Page 3)
07 August
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From China to Vietnam: Can Unfair Competition Law Be Used to Address Trademark Squatting?

Posted by Vu Thu Uyen
in Notable Articles, Trademark, Vietnam

In China and Vietnam, the legal landscape for trademark protection is undergoing significant transformations. For years, rights holders have struggled to combat the widespread practice of trademark squatting, where bad-faith actors exploit the "first-to-file" principle to register and hoard trademarks, unfairly profiting from the efforts of legitimate owners. However, recent court rulings, such as Bayer v. Li Qing and Emerson v. Hemeiquan, have begun to shift the landscape, interpreting unfair competition laws more broadly. These decisions have created new legal tools that empower brand owners to protect their IP rights. These changes in the legal system are reshaping how businesses...

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07 August
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The Madrid System and its Potential Risks: A 4-Year Battle to Reclaim a Trademark from the Brink of Failure in Cambodia

Posted by Vu Thu Uyen
in Cambodia, Notable Articles, Trademark

Download Two refusals of protection appeared to have ended the effort to register the trademark "CrossLeader" when the International Trademark Registration of DOUBLESTAR GROUP CO., LTD., a Chinese state-owned listed tire company, under the Madrid System designating protection in Cambodia was continuously refused. However, with perseverance and a sharp legal strategy, KENFOX IP & Law Office helped DOUBLESTAR reverse the decision, securing the company's investments in Cambodia. The final victory not only stands as a testament to DOUBLESTAR's perseverance but also offers valuable lessons, serving as a guide for other businesses seeking effective legal strategies to protect their trademarks under the Madrid...

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02 August
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When New Facts Will Be Accepted for an IP Appeal in Vietnam?

Posted by Vu Thu Uyen
in Notable Articles, Related Matters in Vietnam, Vietnam

Protecting intellectual property (IP) rights in Vietnam can be fraught with challenges, particularly when faced with unfavorable decisions issued by the IP Office of Vietnam (IPVN). One such hurdle lies in the complex and evolving landscape of "new facts" in IP appeal proceedings. What constitutes a "new fact"? When can it be introduced? And how does this impact the outcome of an appeal? These questions have perplexed IP rights holders and practitioners alike. As Vietnam's IP landscape evolves, so too do the rules governing "new facts", creating both opportunities and challenges for those seeking to protect their intellectual assets....

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26 July
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How Vietnam’s Decree 85/2021 is Reshaping the E-commerce Industry?

Posted by Vu Thu Uyen
in News, Related Matters in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Vietnam's e-commerce sector has witnessed explosive growth in recent years, surpassing expectations with remarkable momentum. This has unlocked a vast and promising market for foreign businesses, presenting an opportunity to reach millions of Vietnamese consumers and penetrate new market segments However, the landscape is shifting with the introduction of new regulations under Decree No. 85/2021/ND-CP, amending and supplementing Decree No. 52/2013/ND-CP. These new regulations have significant implications for the e-commerce operations of foreign businesses in Vietnam, necessitating adjustments to business strategies and compliance with the updated requirements. What’s new under Decree No. 85/2021? Decree 85/2021/ND-CP, amending Decree 52/2013/ND-CP on e-commerce, has significantly...

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18 July
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From China to Vietnam: Trade Secrets Stolen – What Businesses Need to Know?

Posted by Vu Thu Uyen
in Notable Articles, Related Matters in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download What would you do if your hard-earned trade secrets were suddenly stolen by your most trusted employees? Trade secret is a powerful weapon that helps businesses establish a competitive edge and achieve success. However, the threat of trade secret theft is always lurking, posing a danger to the survival of any business. Misappropriation of trade secrets not only causes financial damage to the company but also undermines its reputation, erodes customer trust, and negatively impacts the market. In a recent ruling, the Wuhan People's Court has issued its verdict in a trade secret misappropriation case involving Dou Moumou and Li...

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15 July
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Laos Unveils New IP Law 2023: 5 Burning Questions Every Business Should Ask

Posted by Vu Thu Uyen
in Laos, Notable Articles

Laos has made significant progress in modernizing its intellectual property (IP) framework. The recently enacted Law on Intellectual Property No. 50/NA (the “2023 Law on IP“) brings Laos closer to international standards, creating a more favorable environment for businesses in the country. However, there are still challenges that need to be addressed within Laos’ IP regime....

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10 July
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Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

Posted by Vu Thu Uyen
in Notable Articles, Trademark, Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....

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04 July
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PCT Applications Designating or Selecting Vietnam: Common Mistakes and How to Avoid Them?

Posted by Vu Thu Uyen
in Notable Articles, Patent, Vietnam

Many patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....

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27 June
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Registering Industrial Designs in Vietnam: 6 Mistakes to Avoid and Secrets to Successful Registration

Posted by Vu Thu Uyen
in Industrial Design, Notable Articles, Vietnam

The unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...

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