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....
Continue readingOur 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...
Continue readingOur 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...
Continue readingIn 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....
Continue readingVietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....
Continue readingVietnam does not have a separate patent law. Vietnam’s legal framework for patent protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone patent law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....
Continue readingThe production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market. Whether...
Continue readingEven with a registered trademark and a favorable opinion from the Vietnam Intellectual Property Research Institute (VIPRI), winning a trademark infringement case is not guaranteed. IP disputes in Vietnam are becoming increasingly sophisticated and unpredictable, meaning there's always a risk of failure, even when the odds seem in your favor. To navigate this complexity, it's essential to develop a comprehensive IP protection and enforcement strategy that considers all potential risks. This approach helps minimize legal exposure and improves your chances of successfully combating IP infringement....
Continue readingTrademark owners have reason to be concerned as they discover an increasing number of their trademarks being infringed upon in increasingly sophisticated ways in Cambodia. Many Chinese businesses, despite having registered trademarks, are facing the situation where their trademarks are being used as trade names by companies in Cambodia. When similar names appear in the market, registered trademarks gradually lose their distinctiveness, leading trademark owners to lose market share and potentially collapse after investing significant financial, human, creative, and time resources in marketing efforts....
Continue readingThe Russian vodka brand, long considered a symbol of culture, quality, and luxury, is facing serious legal challenges globally, including in Vietnam. The decades-long dispute over intellectual property (IP) rights for famous vodka brands such as Stolichnaya has exposed pressing issues in brand protection in Vietnam, especially in the context of international economic integration. The recent lawsuit in the Hanoi People's Court between Spirits International B.V. (SPI) and FKP Sojuzplodoimport (FKP) has once again ignited heated debate over intellectual property rights, raising important questions about fundamental legal principles such as: the criteria for determining ownership of a trademark, the role of...
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