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?...
Continue readingDepriving 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...
Continue readingWhy 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....
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