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. ...
Continue readingDownload 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...
Continue readingThe 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....
Continue readingDownload Counterfeiting is one of the most lucrative and expansive illicit industries in the world. Counterfeiters are becoming more sophisticated in their methods and practices, as well as in their use of counterfeiting technology to produce counterfeit products that are easier to pass off as genuine products to Vietnamese consumers. In Vietnam, criminal sanctions are available for counterfeiting offenses, including those related to intellectual property rights (IPR) infringements. However, in practice, these sanctions are rarely imposed. Nevertheless, a recent criminal case involving counterfeit goods is an applaudable effort by Vietnamese enforcement authorities to impose deterrence effects in curbing IPR infringement. Facts: On...
Continue readingDownload 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...
Continue readingDownload 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...
Continue readingDownload The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators (squatters) also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex. Background HWASUNG is a trade name and trademark...
Continue readingDownload 1. Overview Customs recordal, also known as customs registration or customs watch or customs supervision, is a procedure that allows trademark owners to request customs authorities to monitor imports bearing infringing or counterfeit trademarks to be imported into a country. Customs recordal aims to prevent the entry of counterfeit goods into the market and protect the trademark owner's rights. Customs recordal in Laos can be an effective tool for trademark owners to detect and prevent the importation of trademarked counterfeit goods. However, it is not explicitly provided under the Laos laws on whether infringing goods for export are subject to any penalties...
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Download Cease & Desist Letter (C&D Letter) on infringement of intellectual property rights (IPR) is considered a "soft" measure that is flexibly used by various rights holders to cope with alleged IPR infringements. In some cases, sending a C&D Letter instead of requesting intervention from the Vietnamese enforcement authorities seems to be effective as the infringement is immediately terminated. But all this may still be just the top of the iceberg. Sending a C&D Letter to the alleged infringer can sometimes put the right holder into unforeseen difficulties. From the perspective of the party that is alleged to be infringing on...
Continue readingChinese Download Introduction Recently, the Department of Intellectual Property of Laos (DIP) granted the patent application titled "Printing apparatus and method thereof" filed by the Thai patent holder under the advice and representation of KENFOX IP & Law Office, with the following details: Patent: Printing device and method thereof Application date: February 5, 2016 Application No.: 23 Registration: August 1, 2022 Holder: MR. SUWATCHAI PROMBUT Address: 36 Soi Nakniwat 21 Yak 2-1, Nakniwat Road, Ladprao, Ladprao, Bangkok, Thailand. Six critical considerations when registering a patent in Laos 1. Rights and interests for patent owners in Laos A monopoly granted by a patent is a territorial right, which...
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