KENFOX IP & Law Office > News  > Viet Nam

Amended Customs Law No. 11/2026/QH16: What Key Changes Have Strategic Implications for Right Holders?

For foreign rights holders operating in Southeast Asia, one of the most consequential legal developments is Vietnam’s comprehensive reform of its customs IP enforcement framework. Through Law No. 11/2026/QH16, adopted by the National Assembly on August 23, 2026 and entering into force on March 1, 2027, Vietnam has introduced a new generation of border enforcement measures that significantly strengthen the protection of intellectual property rights. The revised Customs Law grants customs authorities statutory ex officio enforcement powers, extends customs supervision to goods in transit, and simplifies recordal procedures for rights holders. These enhancements not only modernize Vietnam’s border control regime but...

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Whether Functional Products Are Eligible for Protection as ‘Works of Applied Art’ in Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]A “functional product”, in simple terms, is a product that serves a practical utilitarian purpose (e.g., household items, electronic devices, technical tools, etc.). For many years, prevailing “orthodox” legal thinking in Vietnam has tended to classify functional products (useful articles) such as bicycles, furniture, handbags, perfume bottles, and coffee machines squarely within the realm of industrial designs. From this practice emerged an almost unassailable assumption: Functional products cannot qualify as “works” and therefore are not eligible for copyright protection. International practice, however, demonstrates the opposite. French courts have recognized the Hermès Birkin and Kelly handbags as works of art...

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Overcoming the Territoriality Trap: How FUMARI Blocked a Bad-Faith Trademark Filing in Laos Without Local Registration

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Department of Intellectual Property of Laos (“Laos DIP”) recently issued a Notice sustaining an opposition against Trademark Application No. 50354 for “FUMARI” in Class 34, filed by Xuanfeng Biotechnology Sole Co., Ltd. In this matter, KENFOX IP & Law Office represented Fumari Inc. to challenge the adverse party's mark, steering the case to a successful outcome. In its Notice, the Laos DIP confirmed that, following consideration of the opposition based on the relevant reasons and evidence submitted, the opposition was sustained. As a result, the opposed application will not proceed to the substantive examination stage. This is a significant outcome...

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

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....

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Trade Name Rights Defeat Trademark Squatting: LChau Pharmaceutical Company Keeps Its Brand and the Squatter Loses Registration in Court

KENFOX IP & Law Office has secured a major victory for LChau Pharmaceutical Company in a complex trademark-trade name lawsuit over the name “LChau”. This challenging case in Vietnam, which began in 2020 and spanned nearly 04 years, is not just a win for us; it’s a significant victory for our client, a leading pharmaceutical giant in Vietnam with a network of nearly 2000 drug stores across the country. Back in 2016, our client acquired a series of 04 pharmacies in Ho Chi Minh City, aiming to establish a comprehensive pharmacy ecosystem to meet the growing healthcare needs in Vietnam. ...

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Justice for “Foellie”: How KENFOX Invalidated a Bad-Faith Filing & Halted a Retaliatory Campaign of IP Abuse?

Case brief: KENFOX IP & Law Office recently resolved a four-year dispute surrounding the “Foellie” brand, acting for Laorganic Co., Ltd. (Korea), the legitimate owner of the Foellie mark and logo. Lưu Ngọc Anh, a Vietnamese individual – Director of La Pharma Pharmaceutical Co., Ltd. applied to register the mark “FOELLIE” for the goods in Class 03 in 2020. Notably, our client, Laorganic had used their mark “” in Vietnam since 2018. In July 2022, our client filed an opposition against Lưu Ngọc Anh’s applied-for trademark “FOELLIE” with the Trademark Examination Centre (TEC) of the IP Office of Vietnam (IPVN)....

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From Online Camouflage to Physical Crackdown: KENFOX’s Legal Strategy in the LACTOMASON Case

In July-August 2025, KENFOX IP & Law Office executed a coordinated anti-counterfeiting operation in Hanoi on behalf of a leading South Korean pharmaceutical company, holder of the registered “LACTOMASON” trademark in Vietnam. The infringer was not a “street-level counterfeiter”, but a sophisticated entity constructed to project lawful legitimacy. Operating under the guise of “Lacto Mason Vietnam Co., Ltd.”, the infringer built a complete façade of brand authenticity by copying nearly the entire identity ecosystem of our client – including product packaging, labeling, corporate name, website, social-media presence, and promotional collateral – and then deploying a digital-only distribution model (exclusively through e-commerce...

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Trademark Enforcement Beyond Products: Forcing a Vietnamese Company to Change Its Name and Surrender a Confusing Domain to the US trademark holder

Download 1. Snapshot of the Case IMOST Action Forces Name Change and Domain Transfer Despite Prior-Use and Coexistence Defenses KENFOX IP & Law Office represented CVX Pharmacy, a U.S. retail pharmacy chain with registered trademarks in Vietnam covering pharmaceutical products (Class 05) and medical apparatus (Class 10), in an action against a Vietnamese company (“CVX Pharmaceutical Co., Ltd.”) that had adopted a company name highly similar to CVX’s mark and registered a matching domain/website to present itself as if affiliated with CVX. The matter was complicated by the presence of another Vietnamese company (“CVX Medicine Trading Co., Ltd”) whose almost identical company name...

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Trade Name Rights Defeat Trademark Squatting: LChau Pharmaceutical Company Keeps Its Brand and the Squatter Loses Registration in Court

KENFOX IP & Law Office has secured a major victory for LChau Pharmaceutical Company in a complex trademark-trade name lawsuit over the name “LChau”. This challenging case in Vietnam, which began in 2020 and spanned nearly 04 years, is not just a win for us; it's a significant victory for our client, a leading pharmaceutical giant in Vietnam with a network of nearly 2000 drug stores across the country. Back in 2016, our client acquired a series of 04 pharmacies in Ho Chi Minh City, aiming to establish a comprehensive pharmacy ecosystem to meet the growing healthcare needs in Vietnam.  In...

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Identical Filing Dates, Identical Marks: Vietnam’s Resolution Mechanism and How Businesses Should Respond?

Download In practice, it is not uncommon for two entirely independent entities to file applications to protect an identical or similar sign for the same goods/services - sometimes even on the very same day. What may appear to be a mere coincidence, however, presents an intriguing legal question: when both applications satisfy the filing-date requirement equally, who has priority? Who will be the lawful owner of the mark? In a rare case, a client of KENFOX IP & Law Office - Eurotek Vietnam Lubricants Co., Ltd. (Công ty TNHH Dầu nhớt Eurotek Việt Nam) - filed an application for the mark “”...

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