15 July

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

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....

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....

08 July

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Combating IP Infringement Effectively: Why Multi-Form Protection is Essential in Vietnam

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

A product may meet the conditions for protection under multiple forms of Intellectual Property (IP) rights, such as Patents, Industrial Designs, Trademarks, and Copyrights in Vietnam. Each form of IP protection has its own advantages and scope of protection....

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....

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...

27 June

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Opposing an Industrial Design Application in Vietnam: What secrets to Successful Opposition?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Vietnam

Upon identifying an industrial design (“ID”) application filed by a competitor that could potentially harm or negatively impact your interests, you have the right to file a Notice of Opposition, officially voicing your objection to the granting of a protection certificate for that ID application. To ensure the success of your Opposition, it is crucial to follow specific steps and implement effective strategies aligned with Vietnam’s IP Laws....

24 June

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IP protection for to-be-launched products in Vietnam: How to optimize?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Vietnam

Among the 10 ASEAN countries, Vietnam is considered a key market for many foreign businesses, with great development potential. Entering the Vietnamese market with new products offers significant potential, but also presents challenges. However, intellectual property rights (IPRs) are especially crucial in Vietnam, where counterfeiting can be a significant challenge. However, reality shows that many businesses often only care about IPRs protection when they discover that their products have been copied or imitated by a third party. This leads to businesses losing their competitive advantage and making it difficult to handle IPRs infringement....

06 June

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Beyond First-to-File: How Copyright Won a Trademark Battle in Vietnam?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able...

04 June

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What are Key Considerations for Industrial Design Divisional Application in Vietnam ?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Industrial design (ID) protection holds significant importance in the business strategies of designers and manufacturers, as it has the potential to enhance the value of products showcasing unique designs and attract customers. In Vietnam, ID can be protected by filing an ID application with the Intellectual Property Office of Vietnam (IP VIETNAM). In case the ID application meets the protection criteria, it will be granted an industrial design patent. This grants the design patent holder exclusive ownership and usage rights over the granted design, and it also provides the design patent holder with rights to prevent copying or imitation without...

30 May

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Chinese Character Trademarks: Still Protected or Outdated?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

This question is attracting the attention of many businesses and individuals using trademarks containing Chinese characters in Vietnam. Before 2005, trademarks consisting solely of Chinese characters were considered inherently distinctive and were granted protection if they met the required standards and conditions. The protection of trademarks containing only Chinese characters was in accordance with the provisions of the Industrial Property (IP) law in effect from 1982 to 2005....