KENFOX IP & Law Office > Notable Articles

Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a "carte blanche" to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists. In reality, there are...

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline...

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Fast-Tracking Patent Examination in Vietnam: Utilizing Foreign Examination Results

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Fast-tracking Vietnamese patents is a common goal for applicants, especially considering Vietnam's status as a hotbed for foreign investment and the typically long patent prosecution timelines. The standard patent examination process in Vietnam can take 3-5 years or even longer. This delay can significantly impact a company's ability to exploit its invention and gain a competitive edge. The extended prosecution time eats into the effective life of a patent, leaving less time for companies to recoup their R&D investment and generate returns after the patent is granted. Therefore, expediting patent grants is a pressing need for many patent owners...

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Invalidation of a European Patent: How can it impact your patents in Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Many businesses worry that the invalidation of a European patent will automatically lead to the loss of protection in Vietnam. Can a decision to invalidate a patent in Europe truly "cross borders" and affect your patent in Vietnam? KENFOX IP & Law Office provides detailed guidance on the relationship between patent invalidation in Europe and its impact on patents in Vietnam. It can be affirmed that, although the invalidation of a European patent may affect a Vietnamese patent, it does not "automatically" lead to the invalidation of the patent in Vietnam. Vietnam's patent protection system operates independently from Europe's. A patent...

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“Fabrilcar” vs. “FABRICA” and “FABRICAIR”: How to successfully appeal a trademark refusal in Vietnam?

Vietnam – On 16/10/2024, the IP Offfice of Vietnam (“IP VIETNAM“) issued a Decision on acceptance of IR No. 1470915 for the mark “Fabrilcar” in the name of Aspöck Systems GmbH, withdrawing its provisional refusal decision and terminating a lengthy 4-year appeal process. This is a great victory for our client, Aspöck Systems GmbH, an Austrian company that specializes in developing and manufacturing lighting systems for vehicles, founded in September 1977....

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New Developments in Patent Examination and Enforcement in the Field of Medical Devices in Southeast Asia

The medical device sector in Southeast Asia is witnessing unprecedented innovation, accelerating development and reshaping healthcare across the region. This progress, however, introduces new challenges for patent protection, making it essential for inventors and companies to stay informed on evolving regulations and enforcement mechanisms....

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

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...

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

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....

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Criminal Procedures For Trademark Infringement In Laos

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....

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