19 November

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What Are Constituent Elements For Criminal Liability For Trademark Infringement In Laos?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Counterfeiting and trademark infringement pose significant threats to businesses and consumers alike. In Laos, the legal framework for addressing these issues includes provisions for criminal liability. But what exactly constitutes a criminal offense in the context of trademark infringement? In this article, KENFOX IP & Law Office delves into the core elements that must be proven to hold an infringer criminally responsible under Lao law. We explore the concepts of intent, profit motive, and harm, along with the evidentiary requirements and potential defenses in such cases. 1. Establishing Criminal Liability for Trademark Infringement in Laos To establish criminal liability for trademark...

14 November

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Second Medical Use Patents: Promoting Development or Hindering the Pharmaceutical Industry in Southeast Asia?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Download The pharmaceutical landscape in Southeast Asia is undergoing a dynamic shift, with second medical use claims emerging as a crucial battleground. These claims, which protect the use of a known medical substance or device for a new therapeutic application, are gaining traction, but not without controversy. KENFOX IP & Law Office provides you with the importance and contentious nature of second medical use claims in Southeast Asia, examining the varying approaches across the region. Second Medical Use Claims: What They Matter? Developing new drugs and therapies requires significant investment in research and development (R&D). Second medical use claims provide pharmaceutical companies with...

31 October

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Re-Registration Of Chinese Patents In Cambodia: What Should Be Noted?

Posted by Vu Thu Uyen

in Cambodia, Notable Articles, Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Cambodia and China entered into the Memorandum of Understanding on Bilateral Cooperation on Intellectual Property (“MOU”). The Cambodian Ministry of Industry and Handicrafts (“MIH”) adopted Prakas (Declaration) No. 080 MIH/2018 dated 27 March 2018 on the re-registration of Chinese patent in Cambodia. This MOU is valid for 5 years from the date of signing. It has been renewed recently. This MOU aims to strengthen their partnership and promote trade and investment. It allows Chinese patent holders to efficiently secure patent protection in Cambodia, boosting innovation and technology transfer between the two nations. This streamlines the process, saving time and resources...

29 October

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Criminal Procedures For Trademark Infringement In Laos

Posted by Vu Thu Uyen

in Laos, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark infringement cases in Laos involve a multi-stage process with specific procedures and timelines. In this article, KENFOX IP & Law Office provides a step-by-step guide to the process, outlining the roles of the police, prosecutors, and the courts, from the initial complaint to the final judgment and potential reopening of the case. 1. Initiation of the Case [Police] Proceedings can be initiated through a formal complaint, the offender's surrender, or an investigative body's discovery of the offense. Complaints can be submitted in writing or orally, with the latter requiring meticulous documentation by the receiving officer [Article 86, 87 of the...

22 October

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Criminal Penalties Applicable To Trademark Infringement In Laos: What Are They?

Posted by Ly Dinh

in Laos, Notable Articles, Trademark

Trademark infringement in Laos carries significant legal consequences, including a range of criminal penalties. In this article, KENFOX IP & Law Office provides a comprehensive overview of the penalties applicable to individuals and legal entities found guilty of trademark infringement under Lao law. We examine the types of penalties, their calculation, and the factors that influence their severity. 1. Overview of Penalties for Trademark Infringement in Laos [Article 139 IP Law] Trademark infrement in Laos can lead to a variety of penalties, including punishment: (i) Education or warning: For minor or unintentional infringements....

14 October

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Pharmaceutical Trademark Opposed in Vietnam: What Strategies for Successful Defense?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

In a recent trademark opposition case, our firm, KENFOX ip & Law Offfice, successfully defended AJANTA PHARMA LIMITED's pharmaceutical trademark "VILDAREL" against opposition from BIOFARMA, owner of the prior mark "VASTAREL" (IR No. 221430). The opposition, based on Article 74.2(e) of Vietnam's IP Law, alleged that "VILDAREL" was confusingly similar to "VASTAREL" and could potentially harm BIOFARMA's brand reputation....

01 October

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Copyright Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Vietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

26 September

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Patent Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Notable Articles, Patent

Vietnam does not have a separate patent law. Vietnam’s legal framework for patent protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone patent law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

23 September

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Industrial Design Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Industrial Design, Notable Articles

Vietnam does not have a separate industrial design law. Vietnam’s legal framework for industrial design protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone industrial design law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Notable Articles, Trademark

Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law....