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

What Should Be Aware About The Liabilities of Internet Service Providers To Deal With IP Infringement in Vietnam?

The specific rules of the internet stipulate that if the IP-protected material is uploaded without the consent of the right holder, the ISP can request, in writing, the removal of the infringing work from the ISP or removal from the network and disableness of access to the copyrighted material from the respective website. This form of written alert is called a "take-down notice". The general rule is that if the ISP removes the infringing content following a “take-down notice”, it will not be held liable for any further compensation. For a successful take down action, you will need to provide...

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Trademark basics in Vietnam, what should you know?

1. We have registered our trademark in some ASEAN countries, is it valid in Vietnam? Do we need to register our trademark in Vietnam? Your trademark registration in some ASEAN countries does not provide protection in Vietnam. Generally, trademarks are territorial in nature, which means that a trademark registration in one or several countries are not automatically protected and enforceable in another, and therefore registrations in multiple countries may be necessary....

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What Should Be Included In A Contract To Protect IP Rights in Vietnam?

The competitive advantage of an entity partially depends on its ability to protect its valuable proprietary information. You may have patentable designs, inventions or trade secrets giving your business a competitive advantage. In cases where you need to employ a freelancer, you may wonder how you can protect IPR from content generated by their work for you, and how you can protect/secure access to your company's patents, patents, and other proprietary information. Generally, when working with employees or a potential business partner, two following important points should be brought into consideration: (i) always use written contracts whenever possible and ensure...

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Expertise opinions/IP assessment in IPR enforcement proceedings in Vietnam and several notable obstacles

Expertise opinions/IP assessment in IPR enforcement proceedings in Vietnam and several notable obstacles 1. Expertise opinions/IP assessment in IPR enforcement in Vietnam In recent years, despite improvements in IPR enforcement with joint efforts made by multiple Vietnamese government authorities, generally, the IPR infringement has still been omimous and prevalentl in various areas of Vietnam, with an increase in the number of infringement products and a high level of seriousness. The most common modes of IPR infringement, in trademark rights for instance, include: ...

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Dealing with substantive trademark Office Action based on absolute grounds in Vietnam

A substantive trademark Office Action is issued by the Intellectual Property Office of Vietnam (“IP Vietnam”) to indicate an issue with an applied-for trademark. While a substantive trademark Office Action shows that an applied-for trademark has been rejected, it is usually possible to file a response thereto that either corrects a defect identified by the IP Vietnam or that explains to the IP Vietnam why the applied-for trademark should be allowed. ...

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What legal tools are available under Vietnamese law to protect the brand identity or other aspects of products?

The following intellectual property (“IP”) rights can be used, depending on the nature of the brand or products, to protect the business interests under the laws of Vietnam: Trade dress/get-up:  Generally, trade dress may consist of one or more elements (e.g. color, size, and/or shape of packaging); or it may be the overall image or concept of a product, packaging and/ or decoration that may reflect the full look and feel of a business including signs, logos, uniforms, merchandising, websites and labels. Therefore, trade dress refers to the manner in which a product is “dressed up” to go to market. In Vietnam, trade-dress falls within the scope of “unfair competition” as provided in Article 130, Vietnam IP Law. ...

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Evidence usable in IP right disputes

Under the prevailing laws of Vietnam, the sources that may be used upon resolution of disputes over intellectual property rights comprise readable, audible and visible materials; exhibits, etc. Upon resolution of disputes over intellectual property rights, like other civil cases, the litigant who requests the Court to protect his/her lawful rights and interests shall present evidence to prove that such request is grounded and legal. The party who opposes the request of another person against himself/herself must prove that the opposition is grounded and must submit evidence to prove it (Article 91 of the Civil Procedure Code 2015)....

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