KENFOX IP & Law Office > Articles posted by Vu Thu Uyen (Page 7)

Provisional rights to patents and industrial designs in Vietnam – What you need to know?

Download Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well...

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A great experience at the INTA Annual Meeting in Singapore!

The INTA Annual Meeting in Singapore has been wrapped up successfully, and we hope that our colleagues, old and new, have returned home safely. After years of Covid-19 pandemic with unprecedented and difficult challenge, we were delighted to gather and discuss important topics such as IP in the AI era, intangible asset management, innovation, and IP valuation. Additionally, the event provided an exceptional opportunity to immerse ourselves in the distinct culture, delectable cuisine, and captivating scenery that Singapore has to offer. A great experience at the INTA Annual Meeting in Singapore when I met up with my old and new colleagues....

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How to cope with patent infringement allegations in Vietnam?

Download As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. To mitigate these risks, various approaches can be taken, such as accepting the allegation, signing an undertaking letter, removing infringing products, or negotiating for a license. However, hastily accepting an IPR holder's request after an infringement accusation can result in greater legal risks. Anyone, whether a plaintiff or a defendant, should have their...

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How is Goods/Service Relatedness Significant for Trademark Registration in Vietnam?

Download The nature of goods/services is one of two prerequisite factors (together with trademark itself) in determinging the registrability of an applied-for mark. Before applying for a trademark registration, it is important to consider the goods or services that the trademark will be used for. Through a practical trademark case that KENFOX IP & Law Office has successfully overcome the provisional refusal issued by the Intellectual Property Office of Vietnam (IP VIETNAM), this article will explore the concept of goods/services relatedness and its importance in the trademark registration process in Vietnam. The factors that determine whether two goods or services are...

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Handling IPR infringement under criminal route in Vietnam: Key takeaways

 Download Counterfeiting is one of the most lucrative and expansive illicit industries in the world. Counterfeiters are becoming more sophisticated in their methods and practices, as well as in their use of counterfeiting technology to produce counterfeit products that are easier to pass off as genuine products to Vietnamese consumers. In Vietnam, criminal sanctions are available for counterfeiting offenses, including those related to intellectual property rights (IPR) infringements. However, in practice, these sanctions are rarely imposed. Nevertheless, a recent criminal case involving counterfeit goods is an applaudable effort by Vietnamese enforcement authorities to impose deterrence effects in curbing IPR infringement.  Facts: On...

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Trademark Registration in Vietnam: What You Need to Know

Download Registering a trademark in Vietnam is a crucial step for any business or individual seeking to protect their brand and prevent unauthorized use by others. However, the process of registering a trademark can be complex and involves various steps that must be carefully followed. In order to successfully register a trademark in Vietnam, it is important to understand the availability searches, required documents for filing, the trademark examiner's steps and practices, how to respond to an office action, and the current protection of unconventional trademarks such as sound and smell marks. Additionally, understanding the implications of disclaimers in the trademark...

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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...

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

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...

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

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...

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

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...

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