KENFOX IP & Law Office > Notable Articles (Page 6)

From China to Vietnam: Refurbished Goods – 4 Key Points and 4 Typical Cases Businesses Need to Know

Opening the market for refurbished goods from other member countries is Vietnam's commitment when participating in new-generation free trade agreements with high standards and covering many areas such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between Vietnam and the European Union (EVFTA), or the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA)....

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From China to Vietnam: Can Unfair Competition Law Be Used to Address Trademark Squatting?

In China and Vietnam, the legal landscape for trademark protection is undergoing significant transformations. For years, rights holders have struggled to combat the widespread practice of trademark squatting, where bad-faith actors exploit the "first-to-file" principle to register and hoard trademarks, unfairly profiting from the efforts of legitimate owners. However, recent court rulings, such as Bayer v. Li Qing and Emerson v. Hemeiquan, have begun to shift the landscape, interpreting unfair competition laws more broadly. These decisions have created new legal tools that empower brand owners to protect their IP rights. These changes in the legal system are reshaping how businesses...

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The Madrid System and its Potential Risks: A 4-Year Battle to Reclaim a Trademark from the Brink of Failure in Cambodia

Download Two refusals of protection appeared to have ended the effort to register the trademark "CrossLeader" when the International Trademark Registration of DOUBLESTAR GROUP CO., LTD., a Chinese state-owned listed tire company, under the Madrid System designating protection in Cambodia was continuously refused. However, with perseverance and a sharp legal strategy, KENFOX IP & Law Office helped DOUBLESTAR reverse the decision, securing the company's investments in Cambodia. The final victory not only stands as a testament to DOUBLESTAR's perseverance but also offers valuable lessons, serving as a guide for other businesses seeking effective legal strategies to protect their trademarks under the Madrid...

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How to Successfully Appeal a Trademark Refusal in Cambodia: 6 Essential Questions

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Has your international trademark application designating Cambodia been provisionally refused? Are you concerned about the potential risks and unsure of your next steps? A provisional refusal of protection for your trademark in Cambodia can jeopardize your brand's global expansion strategy. However, this is absolutely not the end of the road. Refusal of protection in Cambodia does not mean you have to abandon this market. With extensive expertise in intellectual property, KENFOX IP & Law Office will provide an analysis of six critical questions to help you understand the legal issues, develop an appropriate strategy, and ensure your brand is...

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When New Facts Will Be Accepted for an IP Appeal in Vietnam?

Protecting intellectual property (IP) rights in Vietnam can be fraught with challenges, particularly when faced with unfavorable decisions issued by the IP Office of Vietnam (IPVN). One such hurdle lies in the complex and evolving landscape of "new facts" in IP appeal proceedings. What constitutes a "new fact"? When can it be introduced? And how does this impact the outcome of an appeal? These questions have perplexed IP rights holders and practitioners alike. As Vietnam's IP landscape evolves, so too do the rules governing "new facts", creating both opportunities and challenges for those seeking to protect their intellectual assets....

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From China to Vietnam: Unfair competition – What key takesways for businesses?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Intense competition in the current business environment is driving many companies to resort to illegal and unethical tactics to profit, such as "riding on the coattails" of famous brands (capitalizing on the reputation of famous brands) or "borrowing the name" of others to sell their products. What will happen if such actions are not addressed? Will any company dare to invest in research and development when their achievements can be easily stolen? And what responsibilities do online platforms have in protecting intellectual property (“IP”) rights on their platforms? Recently, the Haidian District People's Court in Beijing has issued a ruling...

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From China to Vietnam: Trade Secrets Stolen – What Businesses Need to Know?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download What would you do if your hard-earned trade secrets were suddenly stolen by your most trusted employees? Trade secret is a powerful weapon that helps businesses establish a competitive edge and achieve success. However, the threat of trade secret theft is always lurking, posing a danger to the survival of any business. Misappropriation of trade secrets not only causes financial damage to the company but also undermines its reputation, erodes customer trust, and negatively impacts the market. In a recent ruling, the Wuhan People's Court has issued its verdict in a trade secret misappropriation case involving Dou Moumou and Li...

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From China to Vietnam: Are Individual Voices Protected by Intellectual Property?

Voices play a multifaceted role in human society, serving as tools for communication, identity verification, and even artistic expression. Individual voices represent a unique and valuable intangible asset, holding significance both personally and commercially. However, the rapid advancement of AI technology has raised novel questions regarding the intellectual property (IP) protection of individual voices regarding the IP protection of individual voices...

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Laos Unveils New IP Law 2023: 5 Burning Questions Every Business Should Ask

Laos has made significant progress in modernizing its intellectual property (IP) framework. The recently enacted Law on Intellectual Property No. 50/NA (the “2023 Law on IP“) brings Laos closer to international standards, creating a more favorable environment for businesses in the country. However, there are still challenges that need to be addressed within Laos’ IP regime....

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Protecting Unconventional Trademarks: Strategies for Businesses in Vietnam

Color is not just about external beauty, but also the soul of a brand. Many businesses have researched, selected, and used colors for product packaging and brand identity to convey messages, core values, evoke emotions, and connect with customers in a subtle and effective way. Businesses around the world, including Vietnam, are increasingly paying attention to the use of color as a strategic element in brand building....

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