23 June

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Cambodian Customs and IPR Enforcement: What You Need to Know

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...

29 May

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Overcoming Trademark Rejection in Cambodia: Winning Strategy from the “DING TEA” Milk Tea Case

Posted by Ly Dinh

in Cambodia, Notable Articles

Download As foreign investment in Southeast Asia continues to surge, Cambodia is emerging as a top destination for businesses looking to expand their reach. However, obtaining trademark registration in this market is no walk in the park. With a vast number of trademark applications filed annually, it's easy for a mark to be deemed too similar to an earlier one or refused altogether by the examiner. This is where IP attorneys with extensive experience and knowledge of IP law can provide effective strategies for winning the trademark battle to obtain registration in Cambodia. KENFOX IP & Law Office, with nearly 20...

24 May

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How to cope with patent infringement allegations in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Our Practice, Patent

As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. ...

12 May

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How is Goods/Service Relatedness Significant for Trademark Registration in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

Download The nature of goods/services is one of two prerequisite factors (together with trademark itself) in determinging the registrability of an applied-for mark. Before applying for a trademark registration, it is important to consider the goods or services that the trademark will be used for. Through a practical trademark case that KENFOX IP & Law Office has successfully overcome the provisional refusal issued by the Intellectual Property Office of Vietnam (IP VIETNAM), this article will explore the concept of goods/services relatedness and its importance in the trademark registration process in Vietnam. The factors that determine whether two goods or services are...

08 May

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How to Strategically Use Evidence in IP Infringement Cases in Vietnam?

Posted by Ly Dinh

in Notable Articles

The principle of “burden of proof” is essential to any legal dispute, and intellectual property infringement litigation is no exception. However, recent cases in Vietnam suggest that plaintiffs face significant challenges in meeting this burden, particularly when it comes to presenting evidence in support of their claims....

26 April

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Trademark Registration in Vietnam: What You Need to Know

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Trademark in Vietnam

Download Registering a trademark in Vietnam is a crucial step for any business or individual seeking to protect their brand and prevent unauthorized use by others. However, the process of registering a trademark can be complex and involves various steps that must be carefully followed. In order to successfully register a trademark in Vietnam, it is important to understand the availability searches, required documents for filing, the trademark examiner's steps and practices, how to respond to an office action, and the current protection of unconventional trademarks such as sound and smell marks. Additionally, understanding the implications of disclaimers in the trademark...

17 April

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Interim guidance for handling IP-related applications under the Amended IP Law 2022

Posted by Vu Thu Uyen

in News, Notable Articles, Viet Nam

Download The Amended Intellectual Property Law 2022 (“Amended IP Law 2022” or “the prevailing law”) has been in effect since 1 January 2023, offering the expected benefits of of comprehensiveness and harmonization. This Amended IP Law 2022 promises to be a helpful tool for IPR holders and practitioners, with more than 100 amended and added articles covering a wide range of IP subject matters, including inventions, designs, trademarks and copyrights. As a matter of principle, following the amendments made to a law in Vietnam, pertinent sub-law documents such as government decrees and ministerial circulars need to be amended or replaced in...