13 March

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Why Patents “Lose Rights” Upon Entering the Vietnam National Phase: Translation Errors, “New Matter”, and Limitations on Amendments

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In patent prosecution practice, many applications "fail" - not because the technical solution lacks novelty or an inventive step, but due to the Vietnamese translation at the national phase entry. For patent applications originating from the Patent Cooperation Treaty (PCT) or those claiming priority under the Paris Convention upon entering the national phase in Vietnam, merely a few mistranslated words in the specification or, particularly, the claims, can inadvertently and silently narrow the scope of protection. By the time this is discovered, it is often too late to remedy. The greatest risk lies in the fact that the Vietnamese translation...

24 February

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MEGA MGC COFFEE: A “Reversal” Strategy and Lessons in Trademark Rights Establishment in Vietnam

Posted by KENFOX IP

in IP Practice, Notable Articles, Trademark in Vietnam, Vietnam

In Vietnam's trademark registration practice, numerous international brand owners have been forced to withdraw from the market upon facing a critical deadlock: their applications were refused due to conflicts with prior-filed marks. When the likelihood of reversing such a refusal is deemed “very low”, the boundary between successfully introducing a multi-million dollar brand into a new market and leaving empty-handed often hinges solely on a timely strategic decision. The case of MEGA MGC COFFEE - South Korea’s second-largest coffee chain - in Vietnam serves as a compelling illustration of such a turning point. In what initially appeared to be a foregone...

23 January

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Guide on Trademark Matters in Vietnam

Posted by KENFOX IP

in IP Practice, Our Practice, Trademark in Vietnam, Vietnam

The relevant trademark authority in Vietnam is the Intellectual Property Office of Vietnam (IP VIETNAM), previously known as the National Office of Intellectual Property (NOIP). ...

09 January

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Patent Application Process in Vietnam: A Comprehensive Guide For Chinese Enterprises

Posted by KENFOX IP

in Patent, Patent/Utility Solutions, Viet Nam, Vietnam

Vietnam’s patent system provides multiple avenues to protect technical innovations, ranging from invention patents and utility solutions to industrial designs. This guide, prepared by KENFOX IP & Law Office, a qualified IP Firm in Vietnam, outlines the entire patent application process in Vietnam, including available application routes, types of protection, eligibility criteria, step-by-step procedures, examination and appeal processes, official fees, and strategic considerations. It is tailored for foreign businesses entering Vietnam and focuses on Vietnam’s current laws and practices....

24 November

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Patent Specification – How a Single Connector Word Can Decide the “Life or Death” of a Patent?

Posted by Dương Thúy

in Notable Articles, Patent, Vietnam

If you believe that the phrase “at least one of A, B, and C” in a patent specification always means “A or B or C”, it may be time to reconsider. In U.S. patent practice, the interpretation of this seemingly simple expression has sparked a debate lasting more than two decades – a debate that remains far from settled today. The controversy originates from the U.S. Court of Appeals for the Federal Circuit’s landmark 2004 decision in SuperGuide Corp. v. DirecTV Enters., Inc. In SuperGuide, the court interpreted the phrase to mean “at least one of A, and at least one...

17 September

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Freedom to Operate (FTO) in Vietnam: Why and How you can conduct an FTO before product launching?

Posted by Dương Thúy

in Notable Articles, Patent, Viet Nam

Launching a product in Vietnam without an FTO check is like driving at night with the headlights off, possible, but risky and expensive. Vietnam recognizes utility solutions (utility models), a powerful doctrine of equivalents in infringement analysis, and broad “Bolar”-style regulatory approval exceptions. Knowing which of these helps you, and which hurts you, often decides whether your launch flies or stalls. For foreign enterprises considering entry into the Vietnamese market, conducting a Freedom-to-Operate (FTO) search is not a simple administrative box to check; it is a critical, proactive tool for risk mitigation and strategic business planning. In a rapidly evolving economic...

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...

01 July

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Vietnam’s Intellectual Property Legal Framework: Opportunities and Challenges for Foreign Investors

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Vietnam has developed a comprehensive legal framework for intellectual property (IP) rights that is increasingly important for foreign investors. As Vietnam’s economy integrates globally, its IP laws have evolved to align with international standards (e.g. WTO TRIPS Agreement) while addressing local enforcement challenges. KENFOX IP & Law Office, with its practical and extensive expertise in IP field, provides a comprehensive overview and analysis of Vietnam’s IP legal system, covering the main IP categories (copyright, trademarks, patents, industrial designs, trade secrets), key legislation and agencies, recent legal reforms, enforcement mechanisms, international treaty commitments, and practical guidance for foreign companies, enableing foreign trademark...

13 June

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

Posted by Quyen Nguyen

in Notable Articles, Patent, Vietnam

In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of the...

21 May

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Registering Trademarks in Black and White or in Color: What Is the Optimal Protection Strategy in Vietnam?

Posted by KENFOX IP

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Every element that constitutes a brand - even the smallest detail - can serve as either a competitive advantage or a strategic vulnerability in the pursuit of market share and consumer trust. A trademark, as a core commercial identifier, is not merely a visual symbol but also embodies the reputation, value, and identity of the business. Accordingly, the decision to register a trademark in black and white or in its color version should not be treated as a mere formality. Rather, it must be approached as a strategic legal determination with direct implications for the scope of intellectual property...