16 February

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How to effectively handle conflicts between trademarks and copyrights in Vietnam as per Article 73.7 of Vietnam IP Law?

Download Conflicts between trademarks and copyrights are widespread in many jurisdictions throughout the world and are becoming an issue in Vietnam. There has been an increase in instances of intellectual property theft (copying of copyrighted works) for trademark registration. It is no longer a rare occurrence for trademark squatters to register the logo or work of applied art of a particular individual as their own trademark. Many IPR holders have been forced to sit at the negotiating table with trademark squatters to negotiate and accept to buy back their trademarks at exorbitant fees. The struggle between protecting creativity and combating the...

19 January

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Deferring Public Announcements in Industrial Design Application in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download The strategic aspect of deferring public announcements plays a pivotal role in the realm of industrial design application in Myanmar. Understanding this practice is essential for design creators seeking to navigate the landscape of design protection with precision. This guide unveils the intricate facets of deferring public announcements, allowing applicants to strategically manage the dissemination of information about their industrial designs. 1. Deferring Public Announcements: A Tactical Approach An applicant embarking on the journey of industrial design registration holds the power to influence the timing of public announcements. By invoking Section 3s6 of the industrial design framework, an applicant can formally request...

12 January

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Industrial design Process in Myanmar: Examination, Opposition, and Registration

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download In the realm of industrial design protection within Myanmar, the journey towards securing your design rights involves a series of meticulous steps. From initial application scrutiny to potential objections and eventual registration, understanding the process is key to successfully navigating the intricacies of industrial design protection. 1. Application Evaluation by Examiner: Ensuring Conformity with Regulations When submitting an application for industrial design registration, a diligent Examiner plays a pivotal role in ensuring its compliance with the stipulated provisions. Here's a glimpse into the examiner's responsibilities: (a) Examination and Submission: The Examiner carefully evaluates the applications to verify their alignment with the conditions outlined...

12 January

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What Determines Eligibility for Industrial Design Protection in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download In the dynamic landscape of industrial design protection, understanding the intricate criteria that dictate the eligibility of a design for safeguarding is paramount. This comprehensive guide unveils the essential facets that shape the protection of industrial designs, offering inventors and creators a clear pathway through the complex terrain of design rights within Myanmar. 1. Unveiling the Criteria for Industrial Design Protection in Myanmar 1.1. Novelty and Originality: Central to securing industrial design protection is the embodiment of novelty and distinctiveness within the design itself, differentiating it from mere imitations or pre-existing creations. The following elements demystify the pivotal concept of novelty and...

05 January

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What Are Industrial Design Protection Criteria and Eligibility in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Download In the realm of industrial design protection within Myanmar, it is imperative to comprehend the criteria that determine the eligibility of a design for safeguarding. This guide elucidates the crucial aspects that govern the protection of industrial designs, ensuring inventors and creators navigate the intricate landscape of design rights with clarity. 1. Eligibility Criteria for Industrial Design Protection in Myanmar To qualify for protection, an industrial design must possess the qualities of novelty and distinctiveness, setting it apart from imitative or pre-existing designs. (a) Newness Requirement: An industrial design is considered new if it has not been previously documented in writing, utilized, published,...

03 January

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Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...

02 January

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Bac Ninh Police Seize a Large Cache of Electronic Cigarette Liquid Burners

Posted by Vu Thu Uyen

in News, Notable Articles

Download 1. Case Brief In a significant operation, the Bac Ninh City Police have temporarily seized an extensive collection of electronic cigarette components, including nearly 400,000 finished liquid burners, in excess of 300 bottles of various essential oils, and several machines used in the manufacture of e-cigarettes. These items were of unknown origin. The action took place on December 27, in coordination with Market Management Team No. 1, during a thorough inspection of a warehouse in the Khuc Xuyen craft village industrial area, located in the Khuc Xuyen ward. The authorities discovered a substantial quantity of e-cigarette liquid burners, lacking necessary documentation such...

29 December

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Penalties for Patent Violations in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to maintaining the integrity of patent rights and preserving the sanctity of the patent system, Myanmar enforces a set of penalties for various offenses. This guide outlines the specific actions that can lead to penalties, along with the corresponding consequences, ensuring that patent holders and those engaging with patents understand the legal boundaries. 1. Issuing False Patent Certificates and Registration Records Should an individual engage in any of the following activities, they could face penalties of imprisonment for up to one year, a fine of not more than two million kyats, or both: (a) False Patent Certificates: Creating, disseminating, or...

29 December

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Enforcing Patent Rights: A Guide to IPR Courts in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to safeguarding patent rights and addressing potential infringements, the Intellectual Property Rights Courts in Myanmar play a vital role. This guide sheds light on the procedures and actions that can be pursued through these courts to uphold patent rights within the legal framework. 1. Initiating Provisional Measures If you, as a patent right holder, believe that your rights are being infringed upon, you have the option to seek provisional measures through the Intellectual Property Rights Court. These measures are designed to offer swift and temporary relief while the full legal process is underway. (i) Application for Miscellaneous Suit for...

27 December

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How did KENFOX successfully defend a pharmaceutical trademark in a recent lawsuit in Vietnam?

Posted by KENFOX IP

in News, Notable Articles

The lawsuit, spanning nearly 4 years and centered around the protection of a pharmaceutical trademark, recently reached a favorable resolution for C Pharmaceutical Company – a client represented by KENFOX in the Ho Chi Minh City People's Court. Pursuing justice and combating trademark squatting in Vietnam has consistently proven to be a complex undertaking. We take great joy and pride in standing alongside the trademark owner throughout this arduous journey, offering guidance from initial advice to courtroom representation in this challenging dispute. The significance of this victory is heightened as we approach the conclusion of the year 2023....