Search
logo
mobile logo
KENFOX IP & Law Office > Newsletters/ Publications
26 June
0 Comments
Sticky

Asplund v. Mio: The Real-World Test After Cofemel – When Does a Dining Table Become a Copyright-Protected “Work”?

Posted by Minh Chau
in Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download While the landmark Cofemel v. G-Star ruling officially rejected the notion that applied art products are only eligible for copyright protection if they achieve a "high level of artistic merit," current litigation practice raises a far more complex question - a new gray area: Where lies the boundary between an "original creation" and a "common variant" in the furniture sector, where utilitarian function inherently restricts a designer's creative freedom? In disputes over the copying of furniture, decorative lighting, cabinetry, and similar designs, traditional legal thinking is often driven by an industrial design approach: the parties, and even the Courts, tend...

Continue reading
18 June
0 Comments
Sticky

USM v. Konektra: Does a Functional Product Require a Higher Degree of Creativity to Merit Copyright Protection?

Posted by Quoc Anh
in Industrial Design, IP Practice, Newsletters/ Publications, Notable Articles, Our Practice, Vietnam

Download Conventional legal thinking often takes for granted that “technical product systems”—such as modular furniture sets, replacement parts, or industrial machinery—fall primarily within the regulatory scope of Design Law or Patent Law. Right holders rarely have the fortitude to opt for the copyright mechanism, largely due to a deeply ingrained perception: for applied products, in order to prevent "overlap" with design law, the law must establish a higher, more stringent "creativity threshold" compared to purely literary and artistic works. Against this backdrop, KENFOX IP & Law Office will analyze the case of 1. USM v. Konektra - Liệu sản phẩm mang tính...

Continue reading
17 June
0 Comments
Sticky

Cancellation of Bad Faith Trademark Registration in Laos: The PINDUODUO Case

Posted by Minh Chau
in Laos, Laos, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Many jurisdictions in Southeast Asia operate on a first‑to‑file basis for trademark protection. In Laos, the party who first files a trademark application generally secures priority regardless of whether it has used the mark. This rule creates a vulnerability when opportunistic registrants obtain local registrations for internationally known brands before the actual owners enter the market. However, a recent landmark decision by the Lao Department of Intellectual Property (DIP) highlights that the first-to-file rule is not an absolute shield for opportunism. Represented by KENFOX (LAO) IP Service CO., LTD, the true owner of the global e-commerce giant - Shanghai Xunmeng...

Continue reading
07 March
0 Comments
Sticky

Monolith Law Office (Japan) and KENFOX strengthen international legal cooperation

Posted by Vu Thu Uyen
in Newsletters/ Publications

Success or failure in providing legal services in foreign markets heavily depends on choosing the right partner. For companies aiming to expand their reach and serve their customers in foreign markets, finding and partnering with a local partner is not only a strategic move but also is the deciding factor for their success or failure in that market. In a legal environment like Vietnam, where regulations are becoming increasingly diverse, changing and complex, the cost of services is no longer considered a top priority. The most important thing for international businesses is not the number of offices or personnel that...

Continue reading
07 February
0 Comments
Sticky

Cease & Desist Letter in IPR Dispute and Infringement handling in Vietnam – What should be noted?

Posted by Quyen Nguyen
in Newsletters/ Publications, Notable Articles
Cease & Desist Letter - KENFOX

Download Cease & Desist Letter (C&D Letter) on infringement of intellectual property rights (IPR) is considered a "soft" measure that is flexibly used by various rights holders to cope with alleged IPR infringements. In some cases, sending a C&D Letter instead of requesting intervention from the Vietnamese enforcement authorities seems to be effective as the infringement is immediately terminated. But all this may still be just the top of the iceberg. Sending a C&D Letter to the alleged infringer can sometimes put the right holder into unforeseen difficulties. From the perspective of the party that is alleged to be infringing on...

Continue reading
03 January
0 Comments
Sticky

Patent registration in Laos – 6 critical considerations

Posted by Quyen Nguyen
in Newsletters/ Publications, Notable Articles

Chinese Download Introduction Recently, the Department of Intellectual Property of Laos (DIP) granted the patent application titled "Printing apparatus and method thereof" filed by the Thai patent holder under the advice and representation of KENFOX IP & Law Office, with the following details: Patent: Application date: Application No.: Registration: Holder: Address: Printing device and method thereof February 5, 2016 23 August 1, 2022 MR. SUWATCHAI PROMBUT 36 Soi Nakniwat 21 Yak 2-1, Nakniwat Road, Ladprao, Ladprao, Bangkok, Thailand. Six critical considerations when registering a patent in Laos 1. Rights and interests for patent owners in Laos A monopoly granted by a patent is a territorial right, which means that an invention is only protected inside the territory of...

Continue reading
15 October
0 Comments
Sticky

Quyền tác giả – công cụ hữu hiệu để ngăn chặn xâm phạm sở hữu trí tuệ ở Việt Nam

Posted by KENFOX IP
in Newsletters/ Publications, Notable Articles

Tài sản trí tuệ của các doanh nghiệp có danh tiếng, uy tín luôn là mục tiêu của nạn bắt chước, sao chép, làm giả. Doanh nghiệp càng có uy tín, danh tiếng, càng dễ bị tổn thương bởi những kẻ kinh doanh bất chính. Nhái kiểu dáng bao bì hàng hoá của các doanh nghệp có uy tín, danh tiếng để trục lợi đang có khuynh hướng gia tăng và thay đổi ngày càng tinh vi. Trong bối cảnh đó, quyền tác giả - công cụ hữu hiệu để chống vi phạm sở hữu trí tuệ....

Continue reading