KENFOX IP & Law Office > IP Practice  > Related Matters in Vietnam

Vietnamese People’s Court System and How it Works in Vietnam

Download The People's Courts are judicial organs exercising judicial power on behalf of the State. They are are responsible for safeguarding justice, human rights, citizenship rights, the socialist regime, interests of the State, legitimate rights and interests of organizations and individuals. The Vietnamese People's Court system is comprised of the following five types of courts: The Supreme People’s Court; The People’s High Courts (3 High Courts for the North, Centre and South of Vietnam); Provincial People’s Courts (63 Provincial Courts); District People’s Courts (710 District Courts); Military Courts (3 types). Understanding the Vietnamese People's Court system in depth will help you determine...

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How to determine the jurisdiction of the court hearing IPR related cases in Vietnam?

In recent years, a number of intellectual property (IP) related cases have been filed with Courts in Vietnam for hearing . However, it is not always easy to determine the jurisdiction of the court which is competent to hear a case. In order to protect your intellectual property rights, it is important to know where you can file a complaint....

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Critical Changes To Vietnam’s Patents, Trademarks, And Industrial Designs Under Circular No. 16/2016/TT-BKHCN You Need To Know

A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof....

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REQUIREMENTS OF NEW PHARMA REGISTRATION DOSSIER IN VIETNAM

CPP according to WHO-format In case CPP doesn't mention that Manufacturer meets GMP-WHO, GMP-WHO certificate is required. If there are many manufacturers take part in the manufacturing process of finished product, GMP-WHO certificates of all manufacturers are required. CPP need to have: from 01/01/2022 with information: - Drug formulation: It is required to fully state the composition, concentration/content of each pharmaceutical substance, excipients. For soft capsules, hard capsules must have more information about the composition of the capsule shell. - Specification DP, DS, DS manufacturer's name and address - All manufacturers and role of each - Attachments need to certify...

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Rules of evidence to win IP infringement cases in Vietnam

“The involved parties seeking to prove that their claims are grounded and lawful bears the burden of presenting evidence before the Court” summarizes not only the general principle, but also the core of the burden of proof. Only in few cases does the court verify and collect evidence. Essentially, the burden of proof in an intellectual property infringement litigation rests on the rights holder/plaintiff. ...

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Administrative sanctions on “mere-export manufacturing” – What should foreign investors and OEMs in Vietnam be aware of?

New regulations on administrative liability for exports that violate IPRs In July 2021, the Ministry of Science and Technology published for public consultation a draft decree (“Draft Decree”) amending certain provisions in Decree No. 99/2013/ND-CP (“Decree 99”) on the sanctioning of administrative violations in industrial property, under which it was proposed to sanction the export of industrial property infringement or counterfeit goods....

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Xuất khẩu hàng hoá xâm phạm sở hữu trí tuệ bị xử phạt vi phạm hành chính – Một số lưu ý cho các nhà đầu tư nước ngoài và OEM tại Việt Nam

Quy định mới về hành vi “sản xuất để xuất khẩu” bị xử phạt vi phạm hành chính Tháng 7/2021, Bộ Khoa học và Công nghệ đã ban hành dự thảo sửa đổi Nghị định 99/2013/NĐ-CP, theo đó, đề xuất bổ sung quy định xử phạt đối với hành vi xuất khẩu hàng hóa xâm phạm quyền đối với nhãn hiệu, chỉ dẫn địa lý, tên thương mại, kiểu dáng công nghiệp; hàng hóa giả mạo nhãn hiệu, chỉ dẫn địa lý; tem, nhãn, vật phẩm mang nhãn hiệu, chỉ dẫn địa lý giả mạo và hàng hóa, dịch vụ có...

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The effective tools to repress IP infringements in Vietnam

IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon...

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