Punitive Damages in Trademark Infringement: From a Chinese Precedent to a Legal Void in Vietnam

The act of “repeat infringement” has long been considered a basis for imposing harsher sanctions, including punitive damages. China’s legal system expressly allows this approach, but proving repeat infringement in practice requires a clear and convincing chain of evidence. A recent ruling by the People’s Court of Yuexiu District, Guangzhou, in a dispute involving Cartier, illustrates how Chinese courts evaluate evidence to establish repeat infringement and justify punitive damages. The case highlights the practical methods right holders can employ to strengthen their claims, while also exposing the current legal gap in Vietnam, where punitive damages remain unavailable. Background Cartier, a globally recognized...

25 August

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Trademark Cancellation for Non-Use in Vietnam: What Valuable Lessons Can Be Drawn?

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

Download The trademark cancelaltion request against Trademark Registration Certificate No. 103943 (“DD DANTI, device”), filed and pursued by KENFOX IP & Law Office, lasted for a decade and has become a landmark case in the field of intellectual property (IP) in Vietnam. What initially appeared to be a straightforward matter of cancelling a trademark for non-use turned into a complex legal battle between enterprises competing to defend and secure their IP rights. This case has helped to more clearly define the regulations on "use of a trademark" under Article 124.5 of Vietnam’s IP Law, limiting ambiguous interpretations and preventing the abuse of...

22 August

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Trademark Assignment in Vietnam: Why It’s Refused and How to Overcome It?

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

Trademark assignment in Vietnam is subject to strict statutory requirements and substantive examination by the Intellectual Property Office of Vietnam (“IPVN”). In practice, assignments are frequently refused on grounds of potential confusion or non-compliance with mandatory provisions. Challenges become more acute if the assignor owns trademarks that are closely similar to one another or, in more serious circumstances, where the assignor’s trade name itself is also the trademark name. KENFOX IP & Law Office, with over 15 years of practical experience and expertise in IP protection in Vietnam, provides in-depth analysis of the risks associated with trademark assignment, along with strategic...

15 August

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The “Balizam” Trademark Dispute – A Costly Lesson and a Stark Warning for Domestic Enterprises in International Partnerships

Posted by Dương Thúy

in Notable Articles, Trademark

When a Chinese company invests over RMB 50 million to develop a foreign brand, builds a distribution network, promotes the product, and receives a formal Letter of Authorization from its Russian partner authorizing trademark registration in China - can it lose all ownership rights through a single retrial judgment?...

13 August

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Determining Illegal Gains from Intellectual Property Infringement in Vietnam

Posted by Dương Thúy

in IP Practice, Notable Articles

Depriving infringers of all benefits obtained from their unlawful acts is a core principle intended to deter violations and eliminate the motivation to infringe. Vietnamese law has established a clear system of regulations for identifying and handling illegal gains, or illicit profits, that organizations and individuals obtain from infringing upon intellectual property (IP) rights. However, the mechanisms for determining and calculating these infringing profits are not uniform and vary depending on the context of the proceedings: from administrative sanctions to civil lawsuits and criminal prosecution. Therefore, a thorough understanding of how to apply the appropriate method for each type of...

07 August

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Copyright and Goods: The Right Distinction for Effective IP Protection at Vietnam’s Borders

Posted by Dương Thúy

in Copyright, Notable Articles

Why can a company holding a valid copyright certificate be denied customs supervision measures? A recent case involving a Korean copyright owner and Vietnamese customs has exposed a frustrating gap between legal theory and practical IP enforcement. When a request for customs supervision was submitted based on a Copyright Registration Certificate for the packaging of the "FOELLIE INNER PERFUME" product, the Customs Department temporarily refused, declining to accept the customs supervision request....