KENFOX IP & Law Office > Our Practice (Page 2)

Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...

Continue reading

Penalties for Patent Violations in Myanmar

Download When it comes to maintaining the integrity of patent rights and preserving the sanctity of the patent system, Myanmar enforces a set of penalties for various offenses. This guide outlines the specific actions that can lead to penalties, along with the corresponding consequences, ensuring that patent holders and those engaging with patents understand the legal boundaries. 1. Issuing False Patent Certificates and Registration Records Should an individual engage in any of the following activities, they could face penalties of imprisonment for up to one year, a fine of not more than two million kyats, or both: (a) False Patent Certificates: Creating, disseminating, or...

Continue reading

Enforcing Patent Rights: A Guide to IPR Courts in Myanmar

Download When it comes to safeguarding patent rights and addressing potential infringements, the Intellectual Property Rights Courts in Myanmar play a vital role. This guide sheds light on the procedures and actions that can be pursued through these courts to uphold patent rights within the legal framework. 1. Initiating Provisional Measures If you, as a patent right holder, believe that your rights are being infringed upon, you have the option to seek provisional measures through the Intellectual Property Rights Court. These measures are designed to offer swift and temporary relief while the full legal process is underway. (i) Application for Miscellaneous Suit for...

Continue reading

Appeals in Myanmar Patent Proceedings

Download In the realm of patent proceedings in Myanmar, the avenue of appeal stands open for individuals dissatisfied with decisions made by the Registrar. This outlines the process for appealing such decisions and the subsequent steps to be taken. Appeal to the Agency (Section 93) If you find yourself discontented with a decision issued by the Registrar under the provisions of this Law, you hold the right to initiate an appeal with the Agency. This appeal must be filed within a timeframe of 60 days from the date of the announcement of the said decision. In the course of this appeal, the Agency wields...

Continue reading

Guide to Obtaining Protection for Minor Inventions in Myanmar

Download In the vibrant landscape of innovation, Myanmar has taken strides to safeguard and stimulate the growth of minor inventions through a comprehensive framework of patent protection. As a country that values creativity and technical advancement, Myanmar offers a distinct avenue for inventors to secure their minor innovations and reap the rewards of their ingenuity. This guide sheds light on conditions, exclusions, and processes that define the realm of minor invention patents within Myanmar's legal framework. Whether you're an inventor aiming to fortify your intellectual property or a curious mind delving into the intricacies of innovation protection, this guide offers critical...

Continue reading

Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

Continue reading

Patent Surrender and Revocation in Myanmar

Download The realm of intellectual property is a crucial aspect of modern economies, providing inventors and creators with protection and incentives to continue their innovative endeavors. Patents, in particular, grant inventors exclusive rights to their creations for a specified period, enabling them to control and profit from their innovations. However, there are instances when patentees may choose to surrender their patents voluntarily, or when circumstances arise that necessitate the revocation of a patent. In Myanmar, the legal framework governing the surrender and revocation of patents is outlined in a series of provisions. Surrender of Patents Under Myanmar's patent laws, patentees have the...

Continue reading

A Guide to Patent Surrender and Revocation in Myanmar

Download The realm of intellectual property is a crucial aspect of modern economies, providing inventors and creators with protection and incentives to continue their innovative endeavors. Patents, in particular, grant inventors exclusive rights to their creations for a specified period, enabling them to control and profit from their innovations. However, there are instances when patentees may choose to surrender their patents voluntarily, or when circumstances arise that necessitate the revocation of a patent. In Myanmar, the legal framework governing the surrender and revocation of patents is outlined in a series of provisions. 1. Voluntary Surrender of Patent Rights Patentees in Myanmar hold the...

Continue reading

How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...

Continue reading

What is Difference Between “Patent Revocation” and “Patent Cancellation” in Myanmar?

Download Both "patent revocation" and "patent cancellation" are legal processes that impact the status of a granted patent; however, they differ in their origins, procedures, and outcomes. The distinctions between these two terms are rooted in their respective triggers and the underlying reasons for their application. Patent Revocation "Patent revocation" is a legal process initiated by an external party, typically an individual or legally formed organization, with the aim of challenging the validity and continuation of a granted patent. This process is based on specific grounds stipulated by the patent law. The intention behind patent revocation is to reassess and potentially invalidate a...

Continue reading