04 August

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Not Registered in Vietnam: Can Copyright Infringement Still Be Examined?

in Copyright, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] A work created and registered for copyright protection in a foreign country is unlawfully copied in Vietnam. The copyright owner holds a copyright registration certificate issued by a competent foreign authority, but has never registered the work with the Copyright Office of Vietnam. Is the owner required to register the copyright in Vietnam before requesting a copyright infringement assessment? According to the Vietnam Copyright Protection Center, the answer is: not necessarily. This conclusion is not merely a simplification of an administrative procedure. Rather, it signals an important shift in the approach to intellectual property (IP) enforcement in Vietnam—from a mindset...

22 July

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Trademark Enforcement in Cambodia: Café Logo Dispute Resolved via Economic Police Action

Posted by KENFOX IP

in Cambodia, Cambodia, Trademark, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] A café logo dispute in Cambodia demonstrates that trademark infringement does not necessarily require an exact copy of a registered mark. Where the logo presentation, storefront signage, and overall commercial impression create a likelihood of confusion in the same service sector, the trademark owner may have grounds to act. In this case, MGC Global Co., Ltd., owner of the MEGA COFFEE / MGC logo trademark in Cambodia, adopted a staged enforcement strategy: evidence collection, issuance of a warning letter, escalation to the Economic Police, and ultimately securing a written undertaking to cease use and remove the infringing sign. Background MGC Global...

20 July

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Dual Protection in Europe: When a Bicycle Bag Qualifies Both as a Registered Design and as a Copyright Work

Posted by Quoc Anh

in Industrial Design, News, Notable Articles

Download Do you believe that merely changing the colour of the stitching, adding a different logo, or arguing that a design merely "follows market trends" is sufficient to avoid allegations of design infringement? The recent judgment of the District Court of The Hague (the Netherlands) in the dispute between Basil and BRN demonstrates that such an approach can no longer be regarded as a "safe harbour" for alleged infringers. The case not only marks an important victory for the bicycle bag manufacturer Basil, but also provides a compelling illustration of the dual protection mechanism available under European law, whereby an everyday utilitarian...

13 July

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Sophisticated Copycat Products in Vietnam: Should Copyright or Industrial Design Rights Be Relied Upon for Enforcement?

Posted by KENFOX IP

in Industrial Design, IP Practice, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] In disputes concerning packaging, fashion design, household goods, furniture, etc., the issue is no longer about "crude copies," but about sophisticated imitations: competitors maintain the "main visual impression," but adjust a few minor details to create a "sufficiently different" feel when a complaint is filed. This gray area puts many intellectual property rights holders and corporate legal teams in a difficult position: should they pursue enforcement based on copyright or industrial design? That choice is not just a matter of the "name" of the right, but also a matter of the burden of proof and the speed of intervention. With...

06 July

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Similar Trademarks in the Same Class Are Not Necessarily Refused in Their Entirety in Vietnam: Practical Notes on Trademark Examination in Vietnam

Posted by KENFOX IP

in Newsletters/ Publications, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]One of the most common questions raised by trademark owners when filing trademark applications in Vietnam is: “If the proposed trademark is similar to an earlier registered trademark, and both designate goods or services in the same Nice Class, will the application automatically be refused?” According to practice in Vietnam, the answer is: not necessarily. The fact that two trademarks belong to the same class of goods/services according to the Nice Classification is an important factor, but it is not determinative and does not automatically mean that the goods or services are identical or similar. Conversely, in many cases, goods/services...

29 June

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Assessing Copyright Infringement of Applied Art Works in Vietnam: Scope of Protection and Determination Principles

Posted by KENFOX IP

in IP Practice, News, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] In practice, when handling copyright disputes concerning works of applied art, a frequently asked question is: Does the mere resemblance between two works of applied art constitute infringement? This resemblance may stem from the initial visual impression that the two works have the same form. However, this subjective impression can easily lead to prejudice and cause the assessment to deviate from the true nature and scope of protection of the applied art work. So where does the scope of protection for a work of applied art lie? When does a work of applied art fall within the scope of...

24 June

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Brompton – When a Folding Bicycle Becomes a “Work” – The Judgment of the Court of Justice of the European Union

Posted by Quoc Anh

in Industrial Design, Notable Articles, Viet Nam, Vietnam

Download Can a functional product—created to satisfy everyday practical needs—be regarded as an artistic “work” eligible for copyright protection? In the conventional thinking of many businesses and even legal practitioners, the answer is almost automatically “no”. Bicycles are associated with patents, clothing and footwear belong to the realm of industrial designs, while sandals and handbags are merely consumer goods. However, the judgment of the Court of Justice of the European Union (“CJEU”) in Brompton Bicycle v. Chedech/Get2Get (Case C-833/18) introduced a new perspective: a functional shape may be viewed not merely as a technical solution, but also as the creative expression...

18 June

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USM v. Konektra: Does a Functional Product Require a Higher Degree of Creativity to Merit Copyright Protection?

Posted by Quoc Anh

in Industrial Design, IP Practice, Newsletters/ Publications, Notable Articles, Our Practice, Vietnam

Download Conventional legal thinking often takes for granted that “technical product systems”—such as modular furniture sets, replacement parts, or industrial machinery—fall primarily within the regulatory scope of Design Law or Patent Law. Right holders rarely have the fortitude to opt for the copyright mechanism, largely due to a deeply ingrained perception: for applied products, in order to prevent "overlap" with design law, the law must establish a higher, more stringent "creativity threshold" compared to purely literary and artistic works. Against this backdrop, KENFOX IP & Law Office will analyze the case of 1. USM v. Konektra - Liệu sản phẩm mang tính...

17 June

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Cancellation of Bad Faith Trademark Registration in Laos: The PINDUODUO Case

Posted by Minh Chau

in Laos, Laos, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Many jurisdictions in Southeast Asia operate on a first‑to‑file basis for trademark protection. In Laos, the party who first files a trademark application generally secures priority regardless of whether it has used the mark. This rule creates a vulnerability when opportunistic registrants obtain local registrations for internationally known brands before the actual owners enter the market. However, a recent landmark decision by the Lao Department of Intellectual Property (DIP) highlights that the first-to-file rule is not an absolute shield for opportunism. Represented by KENFOX (LAO) IP Service CO., LTD, the true owner of the global e-commerce giant - Shanghai Xunmeng...

16 June

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Whether Functional Products Are Eligible for Protection as ‘Works of Applied Art’ in Vietnam?

Posted by KENFOX IP

in Patent, Uncategorized, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]A “functional product”, in simple terms, is a product that serves a practical utilitarian purpose (e.g., household items, electronic devices, technical tools, etc.). For many years, prevailing “orthodox” legal thinking in Vietnam has tended to classify functional products (useful articles) such as bicycles, furniture, handbags, perfume bottles, and coffee machines squarely within the realm of industrial designs. From this practice emerged an almost unassailable assumption: Functional products cannot qualify as “works” and therefore are not eligible for copyright protection. International practice, however, demonstrates the opposite. French courts have recognized the Hermès Birkin and Kelly handbags as works of art...