17 September
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Sticky
29 May
A court case concerning well-known trademark “X-Men” between Marvel Characters Inc. and the Vietnamese applicant
in Case Studies
A recent court case has attracted significant public attention in Vietnam: Marvel Characters Inc., USA v. the National Office of Intellectual Property over registration of the trademark “X-MEN & device” in the name of ICP, a Vietnamese company. Although it’s no surprise that the NOIP won against Marvel, this case may still be considered as important in the development of the IP protection system in Vietnam and showed the need for improving professional capabilities of Vietnamese judges in this new and specialized legal field....
Continue reading 19 February
Typical competition restriction cases in Vietnam
in Case Studies
Abusing dominant position in the market: Case 1: In 2007 THP filed a complaint with the Vietnam Competition Authority (VCA) against Vietnam Brewery Limited (VBL) – a producer of Tiger and Heineken beer. THP alleged that VBL had abused its dominant position in the premium beer market in some big cities in Vietnam to deter new competitors. The VCA’s investigation mainly focused on identifying the relevant market, determining if VBL had a dominant position in that market and collecting evidence to prove the exclusive dealing conduct. The relevant market in this case was identified by the VCA as the beer market...
Continue reading 16 October
Misplaced interpretation of due process requirement in the Philippines
A trade mark owner in the Philippines found out that a local retail shop had been selling counterfeit products that infringed his registered trade mark for quite some time and it wanted to stop this illicit activity which was incurring economic damages to his company....
Continue reading 16 October
Copyright enforcement actions against illegal downloading in Singapore
Two Hollywood studios, “Voltage Pictures” and “QOTD Film Investment”, are the right owners of the two movies “Father & Daughters” and “Queen of the Desert”....
Continue reading 16 October
The Thai Supreme Court’s interpretation on descriptive trade marks
A UK distributor of men's and boys' apparel and furnishings (Company A) is interested in the Thai market and would like to register a trade mark for its products to be distributed in the local market....
Continue reading 16 October
Appealing against a descriptiveness refusal in trade mark filling in Thailand
“Company A” in Thailand submitted a trade mark application to the Thai Department of Intellectual Property (DIP) to register the mark “TMB Make THE Difference” for banking services in Class 36....
Continue reading 16 October
Non-use of registered trade mark in Thailand: using a survey to determine non-use
Liwayway Marketing Corporation ("Liwayway") is the owner of a trade mark that was registered with the Thai Registrar of Trade Mark in various classes....
Continue reading 16 October
Seizure of counterfeit goods in Laos
A manufacturer of engines for agricultural activities had its trade mark duly registered in Laos. Lately, then found out that counterfeit products bearing its registered trade mark were being commercialized in several local retail stores....
Continue reading 15 October
Arguments against descriptiveness rejection of trade mark filling in Cambodia
A French pharmaceutical company tried to file two trade marks with the Department of Intellectual Property Rights ("DIPR") for goods including cosmetics, soaps, shampoos and perfumes....
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