27 March

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Registering related rights (performances, phonograms) in Myanmar: What process and benefits?

Download Per Article 53 of Myanmar's Copyright Law, owners of related rights, including performances, phonograms, and presumably other related subjects like broadcasting rights are entitled to apply for registration of their related rights. The registration of these rights is akin to the registration of literary or artistic works but tailored to recognize the unique nature of these categories. KENFOX provides the below analysis on how the registration process differs and the type of evidence registration provides. 1. Registration process for owners of related rights: How different [1] Application specific to related rights: While the fundamental process of applying to the Registrar and paying...

27 March

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Obtaining a certified copy of the Certificate of Copyright Registration in Myanmar: How?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The Certificate of Copyright Registration in Myanmar is the official record that your work is protected under Myanmar's Copyright Law. It serves as prima facie evidence of copyright ownership and the date of creation, crucial for enforcing copyright, licensing, transferring rights, and possibly in court proceedings related to copyright disputes. But what happens when this critical document is lost or damaged? As per Article 51 of Myanmar's Copyright Law, it is possible to obtain a certified copy of the Certificate of Copyright Registration should the original certificate become lost or damaged. 1. Steps to obtain a certified copy of Copyright Registration Certificate...

27 March

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How to Ensure Compliance of Copyright Applications and Key Reasons for Copyright Application Rejections in Myanmar

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The key to a successful copyright application in Myanmar lies in the provision of complete and accurate information about the work and its copyright owner. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Ensuring complete and accurate Information Article 47 of Myanmar's Copyright Law outlines that the Registrar (i.e., Director General of the Department of Intellectual Property) will notify the applicant to revise and resubmit their application for copyright registration if it does not conform to certain stipulations. Typical requirements for copyright registration applications usually include: • ...

20 March

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Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

Posted by Vu Thu Uyen

in Cambodia, Industrial Design, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product...

20 March

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How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...

20 March

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How to Overcome Trademark Refusal for Genericness or Descriptiveness in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain. Yet, Myanmar's New Trademark Law does not clearly provide for how...

19 March

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How to Report Trademark Infringement to Shopee E-commerce Website in Vietnam?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download Shopee, Lazada, and other e-commerce website operators in Vietnam are proactively working to protect intellectual property rights and create a safer e-commerce environment for consumers and brand owners. Shopee, in its efforts, has effectively blocked over 33 million listings flagged for potential intellectual property infringements and escalated the suspension of seller accounts for IP violations by 140%. Last year, our firm, KENFOX, acting on behalf of a copyright owner in Vietnam, submitted a takedown notice to Lazada. Consequently, nearly 2,000 listings from an account selling Foellie inner perfume, a Korean brand, aimed at Vietnamese consumers, were taken down upon our...

18 March

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Fighting the Fakes: 8 common tricks employed by online sellers in Vietnam

Posted by Vu Thu Uyen

in IP Practice, News, Vietnam

Download Online e-commerce platforms have revolutionized the way we shop, offering convenience and a broader selection of goods. However, this digital transformation has also brought significant challenges for Intellectual Property Rights (IPR) holders who aim to control the proliferation of counterfeit products. Online sellers of fraudulent goods employ a very wide range of deception tricks in their online stores to outsmart the consumers, so as to maximize their ill-gotten gain. At KENFOX, our attorneys have joined forces with Vietnamese enforcement authorities to tackle these unethical practices head-on. Through collaboration with Vietnamese enforcement authorities, our attorneys from KENFOX have dealt with various...

07 March

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Monolith Law Office (Japan) and KENFOX strengthen international legal cooperation

Posted by Vu Thu Uyen

in Newsletters/ Publications

Success or failure in providing legal services in foreign markets heavily depends on choosing the right partner. For companies aiming to expand their reach and serve their customers in foreign markets, finding and partnering with a local partner is not only a strategic move but also is the deciding factor for their success or failure in that market. In a legal environment like Vietnam, where regulations are becoming increasingly diverse, changing and complex, the cost of services is no longer considered a top priority. The most important thing for international businesses is not the number of offices or personnel that...

07 March

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Temporary Residence Card in Vietnam – What You Need To Know

Posted by Vu Thu Uyen

in Investment and Enterprise, Legal Practice

Download The Temporary Residence Card (TRC) in Vietnam is a document issued by the immigration authority or a competent authority of the Ministry of Foreign Affairs. It is granted to foreigners who are allowed to reside in Vietnam for a certain period of time. Here are some key points about the TRC: 1. Temporary Residence Card (TRC) in Vietnam: What is it? The TRC serves as a long-term visa for foreigners staying in Vietnam. It allows foreign nationals to legally reside in the country for an extended duration, typically ranging from 2 to 3 years. 2. What benefits can a TRC in Vietnam bring...