21 February

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Whether a GI can be protected under an International IP Agreement?

Vietnam entered two significant international trade deals in 2018-2019 that require, among other things, a higher standard of intellectual property protection in Vietnam. The first is the Comprehensive and Progressive Trans-Pacific Partnership Agreement ("CPTPP"), which was signed in March 2018 and took effect on 14 January 2019. The second is the EU-Vietnam Free Trade Agreement ("EVFTA"), which was signed in June 2019 and entered into force on 1 August 2020. EVFTA is a free trade agreement between the EU and Vietnam. The EVFTA is one of the most comprehensive and ambitious free trade agreements that the EU has ever signed with...

21 February

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What are the main reasons for refusal of registration of a GI in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

There are several reasons why a geographical indication (GI) application may be refused registration in Vietnam. Here are some of the main reasons: (i) Conflict with prior rights: The product may conflict with prior rights, such as trademarks or other GIs, that are already registered or pending registration in Vietnam. (ii) Lack of distinctiveness: The product does not have distinctive qualities or characteristics that can be attributed to its geographical origin. (iii) Lack of evidence: The application does not provide sufficient evidence of the link between the product and the geographical area, or of the product's reputation and recognition in the marketplace. (iv) Generic...

21 February

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How is a GI application examined in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

The examination of a GI application in Vietnam is carried out by IP VIETNAM, which is responsible for administering GI protection in Vietnam. Here is an overview of the GI examination process in Vietnam: A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam. Formality examination: Timeline: 01 months from the filing date. It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination,...

21 February

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What are the most important notes about GI registration in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

1. Each GI application may register only one GI used for one product [1]; 2. Requirements for “description of peculiar characteristics” [2] A description of peculiar characteristics of the product must contain the following principal information: (i) Enumeration of the given nature/quality of the product bearing the GI dictated by geographical conditions - by means of sense, qualitative and quantitative indicators to physical, chemical and biological properties, which can be tested by technical devices or experts using a specified testing method; and/or (ii) Reputation of the product bearing the GI dictated by geographical conditions - determined through the widespread knowledge of interested consumers about...

21 February

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How to register a geographical indication in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Download Overview: Geographical indications (GIs) are categorized as a type of industrial property right in Vietnam and protection of GIs are regulated under the Law on Intellectual Property. A GI identifies a product as originating from a specific geographical location and possessing unique qualities or characteristics that are attributable to that location. GI protection can help build confidence among customers by providing assurance of the product's authenticity and quality, as well as its cultural and traditional value. For producers, GI protection can enhance the reputation of their products and increase their market value, as customers are willing to pay a premium for products...

20 February

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Is a trademark published after its registration in Laos?

Posted by Vu Thu Uyen

in Trademark

The publication of a trademark in the industrial property gazette serves as public notice of the trademark registration and provides information about the trademark to the public. The post-registration publication of a trademark application provides potential infringers with notice of the trademark owner’s rights. It also provides an opportunity for third parties to file a cancellation action against the trademark registration if they believe that it infringes on their rights or is otherwise inappropriate. This makes trademark registration fair and transparent. After a trademark is registered, the Department of Intellectual Property of Laos must publish the trademark registration in the Official...

17 February

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What are advantages of prior use of trademarks in Laos?

Posted by Vu Thu Uyen

in Trademark

The use of an unregistered trademark comes with certain risks, such as the possibility of infringing on the trademark rights of others if the unregistered mark is deemed confusingly similar to a prior registered trademark. However, there are also some potential benefits to using an unregistered mark before applying for registration, for example: (i) Increasing chance of success in registering marks of low disctinctiveness: In some cases, a descriptive trademark may become distinctive through widespread use prior to the filing date. In these situations, the trademark applicant can overcome objections related to lack of distinctiveness by providing evidence that their trademark...

17 February

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How to cancel/invalidate a trademark registration in Laos ?

Posted by Vu Thu Uyen

in Trademark

Trademark cancellation proceedings in Laos serve as a crucial legal avenue to remove a registered trademark from the trademark register. This process can be initiated by anyone who believes that the trademark in question should not have been registered or that the trademark owner is no longer using the trademark in commerce. At KENFOX, we understand the significance of trademark cancellation and provide a comprehensive guide to help you navigate the process effectively. Whether you believe a registered trademark should not have been granted or that the trademark owner is no longer using the mark in commerce, understanding the grounds,...

17 February

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Can we file a request for recordal of changes for trademark registration and obtain a duplicate of a Trademark Registration Certificate in Laos?

Posted by Vu Thu Uyen

in Trademark

Can we file a request for recordal of changes for trademark registration in Laos? Regularly reviewing trademark registration to ensure that it remains accurate and up-to-date is critical. After a trademark is registered, a requirement for recordal of change of the trademark registration may arise in the following scenarios: (i) Change in the goods/services: If the trademark owner may need to limit/delete some goods/services under the registered mark. (ii) Change in the trademark use or the trademark image: If the trademark owner has changed the way that they use the trademark, they may need to make changes to their trademark registration to reflect...

17 February

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Can the type of the mark and trademark application be amended in Laos?

Posted by Vu Thu Uyen

in Trademark

Can a trademark application be amended in Laos? During the examination period, the trademark applicant can amend the application at any time, provided that such amendment is performed before the registration of the mark, final refusal, or at the end of other considerations of said application, without having to pay official fees and service fees. The amendment must not add a list, a class of goods, or a service, or make any changes to the original characteristics of the mark in the application. Can the type of the mark be amended in Laos? You can amend any mark type specified in an initial...