KENFOX IP & Law Office > Notable Articles

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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Fighting Trademark Squatters in Vietnam: How Copyright Can Be a Powerful Weapon for Foreign Brand Owners

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many foreign businesses entering the Vietnamese market, one of the most frustrating discoveries is that their trademark has already been registered or applied for by a third party with no legitimate connection to the brand. Professional trademark squatters frequently exploit Vietnam's first-to-file system by seeking protection for well-known foreign marks before the genuine brand owner enters the market. While trademark-based arguments remain important, recent cases demonstrate that copyright can be an equally powerful tool for defeating bad-faith trademark applications in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] A Practical Solution Beyond Traditional Trademark Rights Trademark squatters often target foreign brands that have not yet secured trademark...

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Can a Copyrighted Logo Defeat a Trademark Application in Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text] No trademark registration in Vietnam? You may still be able to stop a trademark squatter. For foreign brand owners, having your logo stolen in a new market is a nightmare. But a recent case involving Maurten, a Swedish sports nutrition brand, shows how copyright can become a powerful legal weapon. In 2023, a Vietnamese individual filed a trademark application for a logo identical to Maurten’s original logo. But Maurten had a serious problem: At that time, it had no earlier trademark registration, no pending trademark application, and no meaningful commercial presence in Vietnam. Therefore, traditional trademark arguments alone might not have been enough. So,...

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From Proving Rights to Claiming Damages: Three Intellectual Property Precedents Businesses Should Know

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many years, the greatest obstacle facing businesses operating in Vietnam—from software companies and content creation studios to manufacturers and distributors of consumer goods—has been not detecting infringement, but translating evidence of infringement into claims that courts will uphold. Intellectual property (IP) rights holders frequently encounter two particularly difficult challenges when bringing cases before the courts: the difficulty of quantifying intangible losses and the paradox of the burden of proof. The adoption of three IP precedents by the Judicial Council of the Supreme People’s Court on 24 September 2026 marks an important step towards consistent application of the law and...

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Mr. Nguyen Vu Quan Invited by the Jiangsu Lawyers Association to Speak on IP Protection in Southeast Asia

[vc_row triangle_shape="no"][vc_column][vc_column_text] At the invitation of the Jiangsu Lawyers Association, China, Nguyen Vu Quan, an IP representative at KENFOX IP & Law Office, delivered a presentation at a training programme on cross-border intellectual property protection, held from 16 to 19 July 2026 in Xuzhou, Jiangsu Province. The programme brought together approximately 150 lawyers and featured presentations by experienced IP experts and practitioners covering the United States, Europe, Hong Kong and Southeast Asia. With organisational support from Jiangsu Normal University, the programme addressed practical aspects of IP protection, cross-border dispute resolution and the advisory capabilities needed to support Chinese businesses expanding internationally. https://www.youtube.com/watch?v=yCQLbljCAWs During the...

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

[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...

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

[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...

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

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...

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

[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...

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

[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...

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