01 July

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The Vietnamese Court System: Why the 2024 Law on Organization of People’s Courts and 2025 Amendments are Deemed a “Major Judicial Overhaul”?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The People's Court system of Vietnam is undergoing one of its most significant reform periods since its establishment, with profound changes likened to a "major judicial overhaul". On June 24, 2024, the National Assembly officially passed Law on Organization of People's Courts No. 34/2024/QH15, which comprehensively replaces the 2014 Law on Organization of People's Courts (No. 62/2014/QH13). This new law, abbreviated as the 2024 Law on Organization of People's Courts, takes effect on January 1, 2025, and comprises 9 chapters and 152 articles, specifically stipulating the position, functions, duties, powers, and organizational structure of the People's Court system. Not stopping...

27 June

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

Posted by Ly Dinh

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations....

23 June

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Delegation and Decentralization of IP Rights in Vietnam – What Right Holders Must Know Under Decree 133/2025/ND-CP?

Posted by Ly Dinh

in News, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Decree 133/2025/ND-CP (issued on June 12, 2025) marks a significant administrative reform in the field of science and technology, including intellectual property (IP). This Decree stipulates the delegation and decentralization of certain state management tasks concerning IP from the central level (Ministry of Science and Technology/IP Office of Vietnam) to the provincial-level People's Committees (PCs). The Decree takes effect from July 1, 2025, and will be piloted until March 1, 2027 (unless extended or replaced by new regulations). KENFOX IP & Law Office provides in-depth analysis and comprehensive insights into Decree 133/2025/ND-CP, assisting IP right holders in thoroughly understanding the...

13 June

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

Posted by Ly Dinh

in Notable Articles, Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of...

12 June

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Trademark Refusal in Cambodia: How Should a Refusal Be Handled?

Posted by Ly Dinh

in Cambodia, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Once a response to a Notice of Refusal from the Cambodian Department of Intellectual Property (DIP) has been filed, a crucial question emerges: What is the path forward? Will the DIP proceed directly to a final decision, or do opportunities remain to fortify the application and protect the brand’s eligibility for registration? Should the initial arguments be rejected, is the applicant still permitted to amend the application, supplement the record, or present new arguments to resolve the grounds for refusal? What are the subsequent procedural steps an applicant must navigate to avoid missing critical deadlines? Furthermore, if a final refusal...

09 June

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Registering Composite Marks in Vietnam: What Legal Risks to Consider Under the 2022 IP Law?

Posted by KENFOX IP

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download “One application – a “composite” trademark – cost-effective”. This is a common belief among many trademark owners when opting to file a trademark that combines both figurative elements (logo) and word elements (word mark). Instead of filing two separate applications – one for the logo and one for the word mark – they consolidate both into a single trademark specimen to reduce filing, examination, publication, and renewal costs. However, what appears to be a reasonable and economical approach actually contains serious legal risks that may significantly impair the applicant’s rights, especially in light of Vietnam’s legislative changes following the 2022...

20 May

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Copyright Registration for Product Packaging Design in Vietnam: Can Infringement Be Addressed?

Posted by KENFOX IP

in Copyright, IP Practice, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company's oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to...

09 May

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Refusal of Chinese Language Trademarks in Vietnam: Legal Loophole or Outdated Regulation?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the context of deep international economic integration and the unceasing development of cross-border trade activities, the protection of IP rights, especially trademarks, plays an indispensable legal foundational role. However, in Vietnam, regulations regarding the registration of trademarks using foreign scripts, particularly languages not belonging to the Latin alphabet such as Chinese, Korean, Japanese, etc., remain a point of contention and require reconsideration. It is time to look at this issue more openly, moving towards the acceptance and protection of Chinese language trademarks and similar languages in Vietnam. KENFOX IP & Law Office provides analysis on the context of refusing...

09 May

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Binh Minh vs Binh Minh Viet: What valuable observations can be made ?

Posted by Vu Thu Uyen

in Case Studies, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Most people believe that in cases of IP infringement, an “expert opinion” (“Assessment Conclusion”) from specialized agencies like the Vietnam Intellectual Property Research Institute (VIPRI) serves as the definitive “gold standard”, providing the most reliable scientific basis for fair judicial decisions. But the recent, protracted trademark dispute between plastics giant Binh Minh and newcomer Binh Minh Viet challenges this very assumption, making many ponder: What occurs when a conclusion of "infringement" by the premier leading expert assessment body is dismissed by the court as "just for reference"? Is the expert “shield”, so trusted by rights holders, losing its inherent...

18 April

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Sound Marks in Vietnam: Legal Advancement and Brand-Building Opportunities

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In an increasingly competitive branding landscape, establishing a unique impression in customers’ minds is critical for survival. Beyond traditional signs such as logos or names, sound is emerging as a “new power”—a promising brand-building tool for Vietnamese businesses. A pivotal legal development came with the amended Intellectual Property Law of 2022 (effective from January 1, 2023), enacted to fulfill Vietnam’s international commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For the first time, Vietnamese law has officially expanded the definition of a trademark to recognize and protect “sound signs that can be represented graphically.” This change...