14 October

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Pharmaceutical Trademark Opposed in Vietnam: What Strategies for Successful Defense?

in Notable Articles, Trademark in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download In a recent trademark opposition case, our firm, KENFOX ip & Law Offfice, successfully defended AJANTA PHARMA LIMITED's pharmaceutical trademark "VILDAREL" against opposition from BIOFARMA, owner of the prior mark "VASTAREL" (IR No. 221430). The opposition, based on Article 74.2(e) of Vietnam's IP Law, alleged that "VILDAREL" was confusingly similar to "VASTAREL" and could potentially harm BIOFARMA's brand reputation. The applied-for mark filed by AJANTA PHARMA LIMITED The prior mark in the name of BIOFARMA VILDAREL VASTAREL To bolster its claim of similarity, BIOFARMA presented a comparison table highlighting the purported similarities between "VILDAREL" and "VASTAREL." This table aimed to visually demonstrate the points...

01 October

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Copyright Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards. KENFOX IP & Law Office provide below a comprehensive overview of legal instruments governing copyright related matters and historical development of trademark provisions in Vietnam for your...

26 September

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Patent Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Notable Articles, Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Vietnam does not have a separate patent law. Vietnam’s legal framework for patent protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone patent law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards. KENFOX IP & Law Office provide below a comprehensive overview of legal instruments governing patent related matters and historical development of patent provisions in Vietnam for your...

23 September

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Industrial Design Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Industrial Design, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam does not have a separate industrial design law. Vietnam’s legal framework for industrial design protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone industrial design law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards. KENFOX IP & Law Office provide below a comprehensive overview of legal instruments governing industrial design related matters and historical development of industrial design...

19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law. KENFOX IP & Law Office provide below a comprehensive overview of legal instruments governing trademark related matters and historical development of trademark provisions in Vietnam for...

22 August

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Manufacturing for Export Only: Does it Constitute Trademark Infringement? – Rulings from China and Practices in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market....

20 August

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Handling Trademark Infringement in Vietnam: 8 Key Considerations

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Even with a registered trademark and a favorable opinion from the Vietnam Intellectual Property Research Institute (VIPRI), winning a trademark infringement case is not guaranteed. IP disputes in Vietnam are becoming increasingly sophisticated and unpredictable, meaning there's always a risk of failure, even when the odds seem in your favor. To navigate this complexity, it's essential to develop a comprehensive IP protection and enforcement strategy that considers all potential risks. This approach helps minimize legal exposure and improves your chances of successfully combating IP infringement. With 15 years of experience handling complex IP cases, KENFOX IP & Law Office offers valuable...

16 August

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Trademark Disputes with Trade Names: How to Resolve in Cambodia?

Posted by Vu Thu Uyen

in Cambodia, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Trademark owners have reason to be concerned as they discover an increasing number of their trademarks being infringed upon in increasingly sophisticated ways in Cambodia. Many Chinese businesses, despite having registered trademarks, are facing the situation where their trademarks are being used as trade names by companies in Cambodia. When similar names appear in the market, registered trademarks gradually lose their distinctiveness, leading trademark owners to lose market share and potentially collapse after investing significant financial, human, creative, and time resources in marketing efforts. KENFOX IP & Law Office will delve into the issue of trade name infringement on trademarks...

15 August

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The Stolichnaya Vodka Lawsuit in Vietnam: What Intellectual Property Issues Should Be Considered?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Russian vodka brand, long considered a symbol of culture, quality, and luxury, is facing serious legal challenges globally, including in Vietnam. The decades-long dispute over intellectual property (IP) rights for famous vodka brands such as Stolichnaya has exposed pressing issues in brand protection in Vietnam, especially in the context of international economic integration. The recent lawsuit in the Hanoi People's Court between Spirits International B.V. (SPI) and FKP Sojuzplodoimport (FKP) has once again ignited heated debate over intellectual property rights, raising important questions about fundamental legal principles such as: the criteria for determining ownership of a trademark, the role...