04 August

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Not Registered in Vietnam: Can Copyright Infringement Still Be Examined?

in Copyright, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] A work created and registered for copyright protection in a foreign country is unlawfully copied in Vietnam. The copyright owner holds a copyright registration certificate issued by a competent foreign authority, but has never registered the work with the Copyright Office of Vietnam. Is the owner required to register the copyright in Vietnam before requesting a copyright infringement assessment? According to the Vietnam Copyright Protection Center, the answer is: not necessarily. This conclusion is not merely a simplification of an administrative procedure. Rather, it signals an important shift in the approach to intellectual property (IP) enforcement in Vietnam—from a mindset...

30 July

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KENFOX Shares Practical Insights on Vietnam’s Trademark Protection at Seminar Hosted by Wuxi Administration for Market Regulation

Posted by KENFOX IP

in IP Presentation, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] As an increasing number of Chinese enterprises expand their investments into Vietnam, a thorough understanding of Vietnam's trademark protection system has become a critical factor in building and safeguarding brands in one of Southeast Asia's fastest-growing markets. At the invitation of the Wuxi Administration for Market Regulation (WAMR), Mr. Nguyễn Vũ Quân, Director of KENFOX IP & Law Office, delivered a keynote presentation entitled "Vietnam's Evolving Trademark Landscape: New Regulations, Enforcement Trends, and Strategic Pitfalls to Avoid for Chinese Entities." [/vc_column_text][vc_empty_space height="13px"][mkd_image_gallery type="slider" autoplay="3" slide_animation="slide" pretty_photo="no" navigation="yes" pagination="yes" images="33599,33608" image_size="1200"][vc_column_text] Held in a hybrid format, the seminar brought together government officials, legal...

20 July

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Dual Protection in Europe: When a Bicycle Bag Qualifies Both as a Registered Design and as a Copyright Work

Posted by Quoc Anh

in Industrial Design, News, Notable Articles

Download Do you believe that merely changing the colour of the stitching, adding a different logo, or arguing that a design merely "follows market trends" is sufficient to avoid allegations of design infringement? The recent judgment of the District Court of The Hague (the Netherlands) in the dispute between Basil and BRN demonstrates that such an approach can no longer be regarded as a "safe harbour" for alleged infringers. The case not only marks an important victory for the bicycle bag manufacturer Basil, but also provides a compelling illustration of the dual protection mechanism available under European law, whereby an everyday utilitarian...

13 July

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Sophisticated Copycat Products in Vietnam: Should Copyright or Industrial Design Rights Be Relied Upon for Enforcement?

Posted by KENFOX IP

in Industrial Design, IP Practice, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] In disputes concerning packaging, fashion design, household goods, furniture, etc., the issue is no longer about "crude copies," but about sophisticated imitations: competitors maintain the "main visual impression," but adjust a few minor details to create a "sufficiently different" feel when a complaint is filed. This gray area puts many intellectual property rights holders and corporate legal teams in a difficult position: should they pursue enforcement based on copyright or industrial design? That choice is not just a matter of the "name" of the right, but also a matter of the burden of proof and the speed of intervention. With...

09 July

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KENFOX Shares Practical IP Protection Strategies for Chinese Businesses Expanding into Southeast Asia at ASPEC Webinar

Posted by KENFOX IP

in News, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] On July 8, 2026, as part of the ASPEC Webinar under the "IP Plus" series, Mr. Nguyen Vu Quan, Partner & IP Attorney at KENFOX IP & Law Office, was invited to deliver a presentation entitled "Protecting IP in Southeast Asia: Risks, Case Studies, and Practical Solutions for Chinese Businesses." The webinar attracted significant interest from Chinese businesses and intellectual property professionals. [/vc_column_text][vc_empty_space height="13px"][vc_column_text][/vc_column_text][vc_empty_space height="13px"][vc_column_text] Against the backdrop of Southeast Asia's growing importance as a destination for Chinese companies engaged in manufacturing, distribution, franchising, e-commerce, and long-term investment, Mr. Nguyen Vu Quan emphasized that market expansion inevitably brings substantial intellectual property...

03 July

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From Europe to Vietnam – Three Questions for Determining the Copyright Eligibility of Functional Products as Works of Applied Art

Posted by Minh Chau

in Newsletters/ Publications, Notable Articles

[/vc_column_text][vc_empty_space height="13px"][vc_column_text] Download In traditional legal thinking, functional products - ranging from sandals and handbags to perfume bottles - have generally been viewed as falling within the scope of industrial design protection rather than copyright. However, the judgment rendered on 12 November 2025 by the District Court of Midden -Nederland in Birkenstock v. Scapino (Case No. C/16/577582 / HA ZA 24-336) marks a significant turning point. The Court affirmed that even products commonly perceived as being primarily functional, such as sandals, may qualify for copyright protection where their appearance results from the designer's free and creative choices and reflects the designer's personal...

26 June

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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...

24 June

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Brompton – When a Folding Bicycle Becomes a “Work” – The Judgment of the Court of Justice of the European Union

Posted by Quoc Anh

in Industrial Design, Notable Articles, Viet Nam, Vietnam

Download Can a functional product—created to satisfy everyday practical needs—be regarded as an artistic “work” eligible for copyright protection? In the conventional thinking of many businesses and even legal practitioners, the answer is almost automatically “no”. Bicycles are associated with patents, clothing and footwear belong to the realm of industrial designs, while sandals and handbags are merely consumer goods. However, the judgment of the Court of Justice of the European Union (“CJEU”) in Brompton Bicycle v. Chedech/Get2Get (Case C-833/18) introduced a new perspective: a functional shape may be viewed not merely as a technical solution, but also as the creative expression...

22 June

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Functional Products: Industrial Design Protection or Copyright Protection in Vietnam?

Posted by KENFOX IP

in Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Traditionally, functional products such as sandals, handbags, and perfume bottles have generally been regarded as subject matter best protected under industrial design law. However, the Dutch court judgment of 12 November 2025 in Birkenstock v. Scapino introduced a different perspective by recognizing the possibility of copyright protection for sandal designs based on the criterion of “creative choices.” The Dutch court emphasized that although sandals must fulfill the functional purpose of being worn, designers still enjoy substantial creative freedom in determining the shape of the straps, the curvature of the sole, and the proportions and combination of materials. Birkenstock’s selection of...

18 June

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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...