Vietnam released a draft of the IP Law for public comments

A draft of the amended IP Law of Vietnam has been released recently by the Ministry of Science and Technology of Vietnam and published in its website in November 2020 for public comments. The recent signing of big trade pacts, such as the European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), the Regional Comprehensive Economic Partnership (“RCEP”), the world’s largest trading bloc have triggered the comprehensive amendment of Vietnam’s IP Law that enacted in 2005. While a lot of progressive provisions have been introduced to this third amendment of Vietnam IP Law, some...

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Stricter requirements adopted for documents submitted to Vietnam IP Office

The Intellectual Property Office of Vietnam (IP Vietnam) issued Notice No. 13822/TB-SHTT dated 23 November 2020 on the application of regulations concerning persons with legal status to sign documents on behalf of the applicant in the registration procedure for establishment of industrial property rights and the related procedures. The Notice No. 13822/TB-SHTT has the following noteworthy points:...

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MOVING ANNOUNCEMENT

Download MOVING ANNOUNCEMENT To whom it may concern, We are very pleased to announce that in order to expand our operations and to effectively manage our corporate growth, on 01 November 2020, we will be moving from the current address: Suite 219, 2nd Floor, Five-Floor Building, Lane 109, Truong Chinh, Thanh Xuan, Hanoi to open our doors in our more spacious and efficient office at the following new address: Building No. 6, Lane 12/93, Chinh Kinh Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi, Vietnam whereas our telephone, fax numbers and e-mail addresses remain unchanged as follows: Tel.:                 (84) 24 3724 5656  Fax:                 (84) 24 3724 5885 E-mail:          info@kenfoxlaw.com   kenfox@kenfoxlaw.com On...

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Responding to trademark refusal in Laos – Some takeaways

Under Laos IP Law, a mark cannot be merely descriptive. The idea behind preventing people from obtaining trademark protection for descriptive marks is that that individuals or commercial entities should not be allowed to claim exclusive trademark rights in descriptive words that competitors may need to use when describing their own goods/services. As a result, trademarks that comprise commonly descriptive (or generic) words are usually prohibited from being registered by the Laos IP Office. In practice, there are not uncommon instances where trademark applications face refusal/rejection based on an alleged descriptiveness of goods/services. However, those marks are not, in fact,...

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Notification on re-filing trademark applications to keep trademark rights effective in Myanmar

On 28 August 2020, the Ministry of Commerce and Trade issued Notification No. 63/2020 on 28 August 2020 which states that the Soft Opening Period will start launching on 01 October 2020 for the marks owner under the section 93(a) of the new Trade Mark law. During the Soft Opening Period (i.e. from 01 October 2020 to 01 April 2020), the Myanmar Registrar will only receive applications for re-registration of the trademarks which have been previously registered with Myanmar Registrar, but not receive applications for registering new trademarks in Myanmar. ...

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How to effectively handle a trademark infringement in Cambodia?

Generally, when trademark infringements occur in Cambodia, the trademark owner may resort to administrative, civil, criminal procedures, or border control measures in order to protect their rights. From our experience, most of trademark infringement cases in Cambodia are handled through the administrative proceedings with the involvement of Cambodian Department of Intellectual Property ...

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Notice on implementation of Circular No. 45/2020/TT-BTC of the Minister of Finance

The IP Vietnam has issued Notice No. 7638/TB-SHTT dated June 5, 2020 on the implementation of Circular No. 45/2020/TT-BTC dated May 26, 2020 of the Minister of Finance Implementing Directive No. 11/CT-TTg dated March 4, 2020 of the Prime Minister on urgent tasks and solutions to overcome difficulties for production and business, ensure social security in response to the Covid-19 pandemic, on 26 May 2020, the Minister of Finance issued Circular No. 45/2020/TT-BTC stipulating the rates of collection and payment of registration fee (to confirm) for using foreign barcode and industrial property fees (hereinafter referred to as "Circular No. 45/2020/TT-BTC"). The...

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