KENFOX IP & Law Office > Notable Articles

From China to Vietnam: Trade Secrets Stolen – What Businesses Need to Know?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download What would you do if your hard-earned trade secrets were suddenly stolen by your most trusted employees? Trade secret is a powerful weapon that helps businesses establish a competitive edge and achieve success. However, the threat of trade secret theft is always lurking, posing a danger to the survival of any business. Misappropriation of trade secrets not only causes financial damage to the company but also undermines its reputation, erodes customer trust, and negatively impacts the market. In a recent ruling, the Wuhan People's Court has issued its verdict in a trade secret misappropriation case involving Dou Moumou and Li...

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From China to Vietnam: Are Individual Voices Protected by Intellectual Property?

Voices play a multifaceted role in human society, serving as tools for communication, identity verification, and even artistic expression. Individual voices represent a unique and valuable intangible asset, holding significance both personally and commercially. However, the rapid advancement of AI technology has raised novel questions regarding the intellectual property (IP) protection of individual voices regarding the IP protection of individual voices...

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Laos Unveils New IP Law 2023: 5 Burning Questions Every Business Should Ask

Laos has made significant progress in modernizing its intellectual property (IP) framework. The recently enacted Law on Intellectual Property No. 50/NA (the “2023 Law on IP“) brings Laos closer to international standards, creating a more favorable environment for businesses in the country. However, there are still challenges that need to be addressed within Laos’ IP regime....

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Protecting Unconventional Trademarks: Strategies for Businesses in Vietnam

Color is not just about external beauty, but also the soul of a brand. Many businesses have researched, selected, and used colors for product packaging and brand identity to convey messages, core values, evoke emotions, and connect with customers in a subtle and effective way. Businesses around the world, including Vietnam, are increasingly paying attention to the use of color as a strategic element in brand building....

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Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....

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Color Trademark Litigation: Key Takeaways for Companies in Vietnam

Colors are not just about aesthetics, they are the soul of a brand. In a landmark ruling, the German Supreme Court has confirmed that the gold color of the Lindt Gold Bunny can enjoy unregistered trademark protection in Germany. This decision marks a victory for Lindt in a years-long legal battle to protect its iconic product – the well-known chocolate bunny – from trademark infringement....

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PCT Applications Designating or Selecting Vietnam: Common Mistakes and How to Avoid Them?

Many patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....

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A Representative Office of Foreign Pharmaceutical Company in Vietnam: What Is It Allowed To Do?

Antibiotice S.A (Romania) has established a Representative Office (“RO”) in Hanoi to serve as a liaison, explore the market, and promote investment and business opportunities in Vietnam. Currently, the company aims to expand its business activities in the healthcare sector. Specifically, Antibiotice S.A’s RO intends to carry out the following activities:...

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Registering Industrial Designs in Vietnam: 6 Mistakes to Avoid and Secrets to Successful Registration

The unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...

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