13 September

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Overcoming refusal of patent applications in Vietnam – What strategies?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download The initial "patent" application faced a denial, leading to the most likely course of action being an amendment of the set of claims to secure a "utility solution" patent. Faced with the second refusal notice from the Intellectual Property Office of Vietnam (IP VIETNAM), many applicants tend to opt for the straightforward route of converting their applications from "invention" to "utility solution". This choice is often made under the belief that obtaining any kind of patent is preferable to facing a final rejection. However, with a well-thought-out strategy, applicants can still pursue their patent applications without the need to...

06 September

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What Are Key Considerations For International Trademark Registrations Designating Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download Over 9,000 international trademark applications designating Vietnam were filed annually from 2020-2022 has partly reflected the convenience and efficiency of the Madrid system in assisting IPR holders to secure protection for their brands in Vietnam. The Madrid System offers efficiency, cost savings, and a simplified approach to international trademark registration. These advantages make it an increasingly preferred option for businesses seeking to protect their brands in multiple countries, including Vietnam, as it streamlines the process and provides a cost-effective means of securing global trademark rights. Detailed regulations governing the processes and requirements for international trademark applications designated to Vietnam are meticulously...

28 August

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10 Key Points from Vietnam’s New IP Decree No. 65/2023/ND-CP

Posted by Vu Thu Uyen

in IP Practice, Notable Articles

Download In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented. KENFOX would like to provides 10 salient aspects of the Decree, shedding light on the changes and new mechanisms so that industrial property rights holders should grasp and...

09 August

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Resolving Disputes Between Trade Names and Trademarks in Vietnam: How to Proceed?

Posted by Ly Dinh

in Notable Articles

Download Disputes between trademarks and trade names are commonplace and present considerable challenges for businesses. Establishing rights for trade names under Vietnamese law is relatively straightforward. If a trade name is shown to have been legally used in Vietnam and does not infringe upon existing trademarks, business names, or geographical indications, its rights are established. On the other hand, the process of revoking trade name rights can be intricate and challenging. The following dispute serves as an expensive lesson for foreign businesses engaging in commercial activities in Vietnam, particularly through franchising endeavors. It underscores the importance of understanding the local legal...

26 July

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Black-and-White or Color Marks in Vietnam – Picking the Right Path

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download In the fast-paced world of commerce, trademarks serve as powerful assets that distinguish one business from another. They are the face of a brand, carrying with them the goodwill and reputation built over time. Registering a trademark is a strategic move that bestows exclusive rights to its owner, providing a shield against the use of confusingly similar marks. However, the decision of whether to register a mark in black and white or its specific colors can be a complex and crucial one. To shed light on this matter, we delve into the reasons why applying for both versions may prove...

13 July

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When Should a Descriptive Mark Be Allowed for Registration?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download For trademark applicants venturing into the vibrant and ever-evolving markets of Vietnam and China, the acquisition of a profound understanding of the prevailing practices in examining trademarks classified as descriptive takes on a paramount significance. In these dynamic landscapes, where competition thrives and consumer demands constantly evolve, the fate of a trademark hinges on its ability to stand out amidst a sea of descriptive terms. A nuanced comprehension of the examination process becomes instrumental in charting a successful course, enabling applicants to navigate the intricacies of registrability and maximize the potential of their trademarks. Failure to grasp the intricacies of...

30 June

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An Award of Nearly VND 5 Billion for Copyright Infringement in Vietnam: What Lessons to Be Learned?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Download The copyright infringement case involving a substantial amount of nearly 5 billion VND (approx. USD 218,000) has garnered significant public attention and caught the interest of intellectual property rights holders. The trial took place in August 2022 at the People's Court of Binh Duong province. In this case, the defendant was ordered to compensate a substantial amount of nearly 5 billion VND. The compensation stemmed from the defendant's unauthorized installation of design software by their employees, thereby infringing upon the plaintiff's copyright ownership. The first-instance judgment ruled in favor of the plaintiff, who was the rightful owner of the copyright....

23 June

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Cambodian Customs and IPR Enforcement: What You Need to Know

Posted by Vu Thu Uyen

in Cambodia, Notable Articles

Download Cambodia's lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. But what does this mean for intellectual property rights holders who are looking to protect their interests in Cambodia? Is there any recourse available to them? In fact, there are still ways to engage Cambodian customs to enforce IPR infringement, and one of these ways is by filing a request for recordal of exclusive distributorship. In this article, we will explore this option in more detail and discuss the implications for intellectual property...

12 June

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Co-owned Patent Disputes in Vietnam: What to Do?

Posted by Vu Thu Uyen

in Notable Articles, Patent, Vietnam

Download A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right...

07 June

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Provisional rights to patents and industrial designs in Vietnam – What you need to know?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Patent

Download Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well...