A product may meet the conditions for protection under multiple forms of Intellectual Property (IP) rights, such as Patents, Industrial Designs, Trademarks, and Copyrights in Vietnam. Each form of IP protection has its own advantages and scope of protection....
Continue readingMany patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....
Continue readingAntibiotice S.A (Romania) has established a Representative Office (“RO”) in Hanoi to serve as a liaison, explore the market, and promote investment and business opportunities in Vietnam. Currently, the company aims to expand its business activities in the healthcare sector. Specifically, Antibiotice S.A’s RO intends to carry out the following activities:...
Continue readingThe unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...
Continue readingAccording to the National Steering Committee 389, the year 2023 witnessed an alarming increase in acts of counterfeit production, trade, and infringement of intellectual property rights (IPR). The number of cases recorded in 2023 was over 4,000, an increase of more than 126% compared to the same period in 2022. Notably, many cases have been handed over to the police for prosecution on charges related to counterfeit production, trade, and IPR infringement....
Continue readingUpon identifying an industrial design (“ID”) application filed by a competitor that could potentially harm or negatively impact your interests, you have the right to file a Notice of Opposition, officially voicing your objection to the granting of a protection certificate for that ID application. To ensure the success of your Opposition, it is crucial to follow specific steps and implement effective strategies aligned with Vietnam’s IP Laws....
Continue readingFor products where the external appearance provides part or all of the brand identity for consumers, protecting the external form is as important as protecting the trademark. The success of a product is often influenced by its external appearance. In a trend where consumers tend to focus on the aesthetics of a product, the appearance of a product can often be equivalent to or, in some cases, more important than its function....
Continue readingAmong the 10 ASEAN countries, Vietnam is considered a key market for many foreign businesses, with great development potential. Entering the Vietnamese market with new products offers significant potential, but also presents challenges. However, intellectual property rights (IPRs) are especially crucial in Vietnam, where counterfeiting can be a significant challenge. However, reality shows that many businesses often only care about IPRs protection when they discover that their products have been copied or imitated by a third party. This leads to businesses losing their competitive advantage and making it difficult to handle IPRs infringement....
Continue readingFirst-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able...
Continue readingIndustrial design (ID) protection holds significant importance in the business strategies of designers and manufacturers, as it has the potential to enhance the value of products showcasing unique designs and attract customers. In Vietnam, ID can be protected by filing an ID application with the Intellectual Property Office of Vietnam (IP VIETNAM). In case the ID application meets the protection criteria, it will be granted an industrial design patent. This grants the design patent holder exclusive ownership and usage rights over the granted design, and it also provides the design patent holder with rights to prevent copying or imitation without...
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