26 October

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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...

26 October

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Are Copyright Registrations Registrable With Customs In Laos?

Posted by Quyen Nguyen

in Laos, Trademark

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...

26 October

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

Posted by Quyen Nguyen

in Laos, Trademark

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...

25 October

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

Posted by Quyen Nguyen

in Notable Articles, Vietnam

[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...

18 October

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

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

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...

18 October

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Trade Name Protection in Myanmar: What You Need To Know

Posted by Vu Thu Uyen

in Myanmar, Trademark

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...

18 October

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

Posted by Vu Thu Uyen

in Myanmar, Trademark

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...

22 September

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What Are the Penalties for Counterfeiting Offenses in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Preserving intellectual property rights plays a pivotal role in stimulating innovation, nurturing creativity, and promoting equitable competition within any economy. Recognizing this significance, Myanmar has implemented rigorous legislation to tackle counterfeiting effectively and protect the rights of intellectual property owners. Within the legal framework of Myanmar, Sections 87 to 92 delineate the consequences for offenses associated with counterfeiting and unauthorized use of protected marks. This article explores the essential provisions of these sections, underscoring the government's unwavering dedication to safeguarding intellectual property rights. Offenses for commercial purposes Section 87 of Myanmar's Trademark Law prescribes various offenses committed with a commercial intent and...

15 September

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Patent Infringement in Vietnam: VIPRI’s Expert Analysis and Approach

Posted by Vu Thu Uyen

in Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. How does VIPRI reach an expert opinion that there is an infringing element to a patented invention? To reach an expert opinion that there is an infringing element to a patented invention, the Vietnam Intellectual Property Research Institute (VIPRI) typically employs a multi-step process. Here are some general steps that VIPRI may take: Reviewing the patent:...

11 September

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What Factors Should You Keep In Mind When Filing A Trademark Opposition In Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Filing a trademark opposition offers a legal avenue to challenge applications that might infringe on your existing rights or compromise the integrity of the trademark system. Third parties have the right to oppose a trademark application if they believe it doesn't adhere to the criteria outlined in the Myanmar Trademark Law. KENFOX IP & Law Office will explore the crucial factors that need to be taken into account when filing a trademark opposition in Myanmar, encompassing the grounds for opposition, necessary documentation, deadlines, and the handling of objections by the Intellectual Property Department (IPD). 1. Grounds for a trademark objection or...