06 December

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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...

27 November

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

Posted by Vu Thu Uyen

in Notable Articles, Trademark, 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....

25 November

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

Posted by Vu Thu Uyen

in Notable Articles, Patent

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....

19 November

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

Posted by Vu Thu Uyen

in Laos, Notable Articles, Trademark

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?...

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

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....

29 October

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Criminal Procedures For Trademark Infringement In Laos

Posted by Vu Thu Uyen

in Laos, Notable Articles, Trademark

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....

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....