For owners of industrial property objects, filing their applications for registration of such objects abroad is not less important than filing in Vietnam. If one obtains industrial property rights in Vietnam, the right does not extend to foreign countries. You need to file applications in each and every country in which you desire to hold the industrial property right. Moreover...
Continue readingKENFOX: Yes, it is possible for a third party file an opposition in Laos. The New IP Law No. 38/NA of 2017 introduces an opposition procedure in Laos. Previously, when a trademark owner registered his/her trademark, there was no publication procedure available to inform and allow interested third parties to oppose to a pending trademark. The interested third party was only able to file a cancelation request with the Department of Intellectual Property of Laos (“DIP”), once the trademark certificate was issued and the trademark was registered with the DIP. Under the old IP Law of Laos, it was only...
Continue readingAnnouncement on Adopting the Vietnamese Version of the Nice Classification of Goods and Service 11-2018 from January 01, 2018. As of 01 January 2018, The Vietnamese version of the Nice Classification 11th Edition - version 2018 (NCL 11-2018), translated by the IP Office of Vietnam (“IP Vietnam”) from the English version published by WIPO, will be applied to the classification of goods and services for trademark registrations....
Continue reading1. Amendment of Decree 116: Automobiles are no longer inspected in batches On 26 September 2018, the Prime Minister issued Decision No.1254/QD-TTg, approving the Action Plan to promote the National one-stop shop mechanism, the ASEAN one-stop shop mechanism, and reform specialized inspections with respect to exported or imported goods. According to this Plan, the Prime Minister has assigned the Ministry of Transport to study and amend the process of imported automobile inspection towards examining only the representative car sample for each representative of all vehicles in one shipment, instead of each batch of imported vehicles as stipulated in Decree No. 116/2017/ND-CP. Regarding conditions...
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The Lao New IP Law provides more clarification on procedures (administrative remedies, Customs recordal, etc.), while focusing on specific issues of concern (online infringement) that the authorities are endeavor to tackle in Laos...
Continue readingOn 3 April 2018, the Ministry of Industry and Trade issued Circular No.05/2018/TT-BCT, on origin of goods (“Circular 05”)...
Continue reading1. Provisions on limits for issuing covered warrants
On 18 January 2018, the State Securities Commission issued Decision No.72/QD-UBCK, promulgating the Rules/Guidelines for offering and hedging with covered warrants.
Accordingly, the regulation sets maximum limits for warrants, which have been issued or registered to be issued, excluding those that have been canceled or have expired, according to the available capital of each issuer. In particular:
(a) 0% for issuers with a liquid capital ratio of 180% to 250%;
(b) 5% for issuers with a liquid capital ratio of 250% to 300%;
(c) 10% for an issuer with a liquid capital ratio of 300% to 450%;
(d) 15% of the Issuing Institution has a liquid capital ratio of 450% to 600%;
(e) 20% to the issuing organization with a liquid capital ratio of more than 600%.
The liquid capital ratio to be used for determination of limits is the continuous minimum of 6 latest months prior to the date of filing registration dossier for offering warrants.
This Decision takes effect from the date of signing.
Publication of patent applications under the Vietnam IP Law. A patent application which is actively withdrawn by a written request of the applicant before publication is issued therefor shall not be published in Vietnam....
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The Enterprise Support Project recently carried out a survey on trademark in Viet Nam. Of the 500 surveyed enterprises: 25-30 percent said they had not invested in trademark at all, more than 70 percent said they implemented inadequate investment in trademark, and only fewer than five percent said they invested in trademark properly: A survey by the Ministry of Industry and Trade showed that only 20 percent of Vietnamese enterprises invested in trademark, with most of them interested in trademark registration in the domestic market but not in foreign markets. Le Xuan Thu from Pham & Associates said that from 1988...
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