20 March

Sticky

Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

in Cambodia, Industrial Design, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product...

20 March

0 Comments

Sticky

How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...

20 March

0 Comments

Sticky

How to Overcome Trademark Refusal for Genericness or Descriptiveness in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain. Yet, Myanmar's New Trademark Law does not clearly provide for how...

19 March

0 Comments

Sticky

How to Report Trademark Infringement to Shopee E-commerce Website in Vietnam?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download Shopee, Lazada, and other e-commerce website operators in Vietnam are proactively working to protect intellectual property rights and create a safer e-commerce environment for consumers and brand owners. Shopee, in its efforts, has effectively blocked over 33 million listings flagged for potential intellectual property infringements and escalated the suspension of seller accounts for IP violations by 140%. Last year, our firm, KENFOX, acting on behalf of a copyright owner in Vietnam, submitted a takedown notice to Lazada. Consequently, nearly 2,000 listings from an account selling Foellie inner perfume, a Korean brand, aimed at Vietnamese consumers, were taken down upon our...

18 March

0 Comments

Sticky

Fighting the Fakes: 8 common tricks employed by online sellers in Vietnam

Posted by Vu Thu Uyen

in IP Practice, News, Vietnam

Download Online e-commerce platforms have revolutionized the way we shop, offering convenience and a broader selection of goods. However, this digital transformation has also brought significant challenges for Intellectual Property Rights (IPR) holders who aim to control the proliferation of counterfeit products. Online sellers of fraudulent goods employ a very wide range of deception tricks in their online stores to outsmart the consumers, so as to maximize their ill-gotten gain. At KENFOX, our attorneys have joined forces with Vietnamese enforcement authorities to tackle these unethical practices head-on. Through collaboration with Vietnamese enforcement authorities, our attorneys from KENFOX have dealt with various...

07 March

0 Comments

Sticky

Temporary Residence Card in Vietnam – What You Need To Know

Posted by Vu Thu Uyen

in Investment and Enterprise, Legal Practice

Download The Temporary Residence Card (TRC) in Vietnam is a document issued by the immigration authority or a competent authority of the Ministry of Foreign Affairs. It is granted to foreigners who are allowed to reside in Vietnam for a certain period of time. Here are some key points about the TRC: 1. Temporary Residence Card (TRC) in Vietnam: What is it? The TRC serves as a long-term visa for foreigners staying in Vietnam. It allows foreign nationals to legally reside in the country for an extended duration, typically ranging from 2 to 3 years. 2. What benefits can a TRC in Vietnam bring...

01 February

0 Comments

Sticky

Law vs. Reality: The Hurdles of Pursuing Damages in Vietnamese Copyright Infringement Cases

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download The transfer price of intellectual property (IP) rights is one of the legal bases specified in Article 205.1(b) of the Vietnam IP Law to determine compensation claims in IP disputes. However, in a recent notable IP infringement case, both levels of court - first instance and appellate court - simultaneously rejected a claim for compensation based on the "transfer price" of IP rights. The case not only sparked endless debates about the complexity of the legal process, but also highlighted a significant challenge in determining the basis and method for Courts to assess and award compensation in IP disputes. Why is...

01 February

0 Comments

Sticky

How Does Vietnam’s IP Law Need To Provide For AI Generated Works?

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from...

26 January

0 Comments

Sticky

Navigating the Term of Registration and Renewal in Industrial Design Protection in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download As you embark on the journey of securing your prized industrial design, understanding the dynamics of registration and renewal is essential to safeguarding your creative endeavors. 1. The Initial Term of Registration Upon successfully submitting your application for industrial design registration, your design is granted a term of registration that spans five years from the date of application submission. During this period, your design enjoys the protection and recognition it rightfully deserves. 2. Extending the Term of Registration As the expiration date of your design's registration term draws near, you have the opportunity to extend its protection for successive periods. To accomplish this,...

26 January

0 Comments

Sticky

Exploring the Right of Priority in Industrial Design Application in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download When it comes to seeking protection for your innovative industrial design, the right of priority can play a pivotal role in ensuring your creative efforts receive the recognition they deserve. Let's delve into the essential provisions that govern the right of priority in Myanmar's industrial design landscape. Securing Right of Priority Have you applied for the registration of your groundbreaking industrial design in a Member State of the Paris Convention or the World Trade Organization? If so, you're in luck. Myanmar's industrial design framework grants you the right of priority, affording your design the privilege it deserves. When you choose to apply...