KENFOX IP & Law Office > Our Practice (Page 11)

What Are The Potential Costs Involved In Working With Customs Officials To Protect A Brand’s Intellectual Property, And How Can These Costs Be Managed Effectively In Laos?

To safeguard IP rights in Laos through the customs system, rights holders generally allocate a sufficient  budget for strategic actions and measures. These expenses cover the custom recordal and the inspection and suspension procedures for counterfeits at Customs.   Under Article 32 of Law on Custom, revised in 2019, if a rights holder possesses reliable information that imported, exported or transited goods infringe their trademarks or copyrights, they can submit a request to Customs for inspection and temporary seizure of such goods. Prior to inspection and suspension, the rights holder is required to deposit of a security of 10,000,000 Kip (about...

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Are There Any Time-Sensitive Considerations That Brand Owners Should Be Aware Of When Dealing With Customs-Related IP Enforcement In Laos?

In case of customs supervision through recordal, brand owners must respond within a strict 3-day window upon receiving any notice from customs regarding suspected goods, they only have 3 days for giving their confirmation. Failing confirmation within this timeframe empowers customs officers to proceed legally, leading to the release of the suspected goods for declaration at customs. In case a rights holder files an application with customs for inspection and suspension of counterfeit good, any detected and retained items must be addressed through judicial action with a specified period of 10 working days. Failure to do so results in the immediate...

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What Is The Typical Process For Confiscation Or Further Investigation In The Event That Lao Customs Officials Identify Potentially Counterfeit Goods?

In the context of customs procedures, in case of suspecting counterfeit goods at the Customs followed by the customs recordal, the below activities are involved: Customs officials inspect and compare goods with the information provided in the customs declaration and customs recordal, which has been registered in the Customs database. This includes examining photos, description, and characteristics used to identify genuine goods to determine whether the goods are counterfeit or if they are suspected of infringing IPRs; If the grounds for determining goods are suspected of being counterfeit or infringing IPRs are not sufficient, it is required to carry out...

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Can Brand Owners Send Lao Customs Officials A Product Information Guide Or Any Additional Materials To Assist Them In Identifying Genuine Products?

To increase the effectiveness of customs recordal in detecting and preventing the importation or exportation of counterfeit goods, trademark owners should furnish customs officials with clear and detailed information regarding their registered trademarks. Specifically, the following details can aid customs officials in better identifying counterfeit goods and differentiating them from genuine products. images, descriptions, samples of genuine products, a list of Characteristics for distinguishing genuine goods from goods infringing on IP rights, any equipments or tools to differentiate the differences between the original and counterfeit products. Such details can be submitted in Word, PDF, or physical formats, provided they...

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Are Copyright Registrations Registrable With Customs In Laos?

Customs recordal in Laos is applicable not only for trademark registrations but also for copyright registrations. The procedures and authorities involved in examining the customs recordal of these IP subject matters as mentioned are the same. Copyright owners seeking to record their copyrights with the Laos Customs Department must submit an application alongside the required documents and fees. One of the essential documents is a Copyright registration certificate in Laos. Despite being a signatory to Berne Convention, Laos handles copyrights territorially. Copyright owners are advised to register their works within the country to ensure comprehensive protection of their IP rights. This recommendation...

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Can Rights Holders Record Trademark And Brand-Related IP Information With Lao Customs And, If So, How?

In Laos, customs recordal may serve as an effective means for enforcing IP rights as it prevents and suppresses IP counterfeiting of IPR holders’ products at Laos’ borders. In order to take advantages of customs registration system for IP protection in Laos, rights holders must submit a formal request for customs recordal of their IP rights with the Laos Customs Department. Trademarks, designs, and copyrights can be registered with customs in Laos, enabling enhanced IP protection measures at the country’s borders. A customs recordal request is examined by the Laos Customs Department to assess its compliance with the necessary requirements and...

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Fighting Counterfeits And Trademark Squatting In Vietnam: A perspective from Foellie case

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the 2022 statistics recently published by the Ministry of Planning and Investment of Vietnam, it was revealed that Korea stands as Vietnam's leading foreign investor. With an impressive investment of over 80 billion USD and nearly 9,500 registered projects, Korea's substantial contribution demonstrates remarkable confidence in the Vietnamese market. However, this trust is currently under threat due to a concerning trend: the increasing prevalence of counterfeit products and brand speculation. To cope with these pressing issues, Korea Trade-Investment Promotion Agency (KOTRA) – held a seminar titled “Current Situation and Solutions for Identifying Counterfeit Goods and Intellectual Property Violations from...

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What is the Process of Customs Recordal for Trademarks in Myanmar?

Download The Ministry of Planning and Finance of Myanmar issued Notification No. 50/2023, outlining the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation. This notification provides a framework for trademark owners to avail customs protection against counterfeiting and protect their brands in cross-border trade. Customs recordal or customs watch (customs supervision) is of paramount importance as an IPR enforcement strategy for IPR holders in Myanmar. The customs authority in Maynmar serves as a gatekeeper, playing a crucial role in preventing the entry of trademarked counterfeits into the country. By prioritizing customs recordal or...

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Trade Name Protection in Myanmar: What You Need To Know

Download Trade names play a vital role in distinguishing one business from another, contributing to brand recognition and reputation. In Myanmar, trade names are considered intellectual property subject matter and are granted protection under the Trademark Law. At KENFOX, we recognize the significance of trade names and their role in shaping a business's success. As a prominent intellectual property law firm in Myanmar, we are dedicated to providing comprehensive IP services to safeguard and enhance our clients' intellectual property assets, including trade names. In this article, we delve into the concept of trade names in Myanmar, explore the extent of their...

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

Download Geographical Indication (GI) holds significant importance in safeguarding the unique identity and quality of goods originating from specific regions or territories. A Geographical Indication is defined under Section 2 of Myanmar’s Trademark Law as an indication which identifies any goods as originating from a particular country, territory or a region, where a given quality, reputation or other distinguishing characteristics of the goods is indicative of its geographical origin. The primary objective of GI protection in Myanmar is to preserve the distinctiveness and reputation of goods linked to specific geographic areas, ensuring consumers can trust the authenticity and unique attributes of...

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