24 June

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IP protection for to-be-launched products in Vietnam: How to optimize?

in Industrial Design, Notable Articles, Vietnam

Among 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....

06 June

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Beyond First-to-File: How Copyright Won a Trademark Battle in Vietnam?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

First-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...

04 June

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What are Key Considerations for Industrial Design Divisional Application in Vietnam ?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Industrial 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...

31 May

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Facing a Trademark Refusal in Vietnam? Learn How to Appeal and Win

Posted by Ly Dinh

in Notable Articles, Trademark

Have you invested time and effort into crafting the perfect trademark, only to see it rejected by the Intellectual Property Office of Vietnam (IP Vietnam)? Don’t give up! Trademark refusals can be frustrating, but they aren’t necessarily the end of the road. There are still options for challenging the decision and potentially securing your trademark registration. Our firm, KENFOX IP & Law Office provides a clear breakdown of the appeal process in Vietnam, equipping you with critical information to pursue a successful appeal....

30 May

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Chinese Character Trademarks: Still Protected or Outdated?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

This question is attracting the attention of many businesses and individuals using trademarks containing Chinese characters in Vietnam. Before 2005, trademarks consisting solely of Chinese characters were considered inherently distinctive and were granted protection if they met the required standards and conditions. The protection of trademarks containing only Chinese characters was in accordance with the provisions of the Industrial Property (IP) law in effect from 1982 to 2005....

21 May

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What To Do if Your Trademark has been Stolen in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The “first to file” principle has been abused by bad faith trademark applicants as a sophisticated tool for “trademark squatting” and “misappropriation of trademark rights” from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor’s trademark, the trademark speculator has used that same trademark as a “weapon” to initiate legal actions and request Vietnamese enforcement authorities...

21 May

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Handling intellectual property rights infringement in Vietnam: Which measures are effective?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Protecting intellectual property rights (IPR) involves the use of legal measures by state agencies and IPR holders to protect the ownership of their IP objects, prevent any infringement to ensure the integrity of these assets. Protecting IPRs entails not only preventing actual acts of infringement but also addressing and resolving infringements in order to cease the infringement and seek compensation for damages incurred....

10 May

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Stream-Ripping: Vietnam and the Battle Against Online Content Piracy

Posted by Ly Dinh

in Copyright, Notable Articles

Did you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...

08 May

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Evergreening Strategy: Extending Patent Protection, Innovation or Obstruction?

Posted by Vu Thu Uyen

in Notable Articles, Patent/Utility Solutions, Vietnam

“Evergreening” in the context of intellectual property (IP), especially in the field of patents, refers to a strategy that companies often use to prolong their commercial exclusivity. This strategy is particularly common in the pharmaceutical industry, where companies secure patents for minor modifications, improvements, or new applications of existing products. Often, these patents are based not on entirely new technical solutions but rather on minor changes to previously protected products or processes. The purpose of these modifications is to extend patent exclusivity without the necessity to create a completely new product....

07 May

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5 Legal Secrets to Effectively Protect Utility Solutions That You Need to Know

Posted by Vu Thu Uyen

in Notable Articles, Patent/Utility Solutions, Vietnam

Download Do you have a breakthrough idea or new technical solution in Vietnam and want to protect it without being encumbered by the strict requirements of conventional patent protection? Consider registering for protection in the form of “Utility Solutions”, which may be the ideal solution to protect your intellectual property (IP) rights. Registering technical innovations and improvements (solutions) for protection in the form of utility solutions offers a simple and quick method to safeguard intellectual property rights, without necessitating "inventiveness" - a prerequisite for patent protection. This distinction renders utility solutions an appealing option, particularly suitable for technical solutions that may not...