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

Bad Faith – The Secret to Proving Bad Faith and Regaining the Trademark in Vietnam

The filing of a trademark application is generally considered to be automatically made in good faith and creates exclusive rights for the owner. However, if the filing is intended to deprive the genuine trademark owner of the benefits of their existing mark and cause confusion for consumers, it will break the goals and basic principles of the law on intellectual property rights protection. Such trademark filing with the motive described above is considered to be in 'bad faith”....

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How to Establish That the Applicant “Knew” or “Had a Basis to Know” in Cases of Trademark Registration in Bad Faith?

Proving that the trademark registration applicant “knew” or “had a basis to know” about the trademark of legitimate trademark owners under Article 34.2 of Circular 23/2023/TT-BKHCN is not simple. Vietnam’s Intellectual Property Law does not establish specific regulations on documents that need to be provided for proof purposes. However, on the basis that trademark disputes registered in “bad faith” have been handled, KENFOX IP & Law Office provides an overview of necessary documents and evidence to help legitimate trademark owners prove that the applicant “knew” or “had a basis to know” about that trademark before filing an application for registration...

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Taking Advantage of the Reputation of the Legitimate Trademark Owner: How to Prove?

Proving that a third party has exploited the reputation of a trademark owner is never simple. It demands a comprehensive approach to gather and utilize evidence in disputes over trademark rights, particularly in instances where trademarks are registered with malicious intent (bad faith). KENFOX IP & Law Office offers the following step-by-step guidance to assist legitimate trademark owners in demonstrating that their trademark’s reputation has been exploited....

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3 Typical Copyright Infringement Cases Criminally Prosecuted in Vietnam

Download In recent years, Vietnam has emerged as a hotbed for copyright infringement, fueled by the rapid growth of websites and services that distribute pirated content. Sites like Phimmoi, Fmovies, AniWave, 123movies, BestBuyIPTV, and 2embed not only cause significant damage to the domestic creative market but also adversely affect the global industry. The popularity of these pirated movie sites stems from the substantial profits they generate. However, Vietnamese enforcement agencies have made significant efforts in law enforcement to address copyright infringement cases, especially in the field of digital content and online distribution. KENFOX IP & Law Office highlights three typical cases of...

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Filing Patent Infringement Lawsuits In Vietnam – What Businesses Stand To Learn?

Download At first glance, with a series of clear evidence such as the Assessment Conclusion of Vietnam Intellectual Property Research Institute (VIPRI) confirming patent infringement, the Inspection Conclusion of the Inspectorate of the Ministry of Science and Technology (IMOST) confirming the act of infringement, the products containing signs of patent infringement were also detained and recorded by IMOST, almost everyone would think that: The picture is clear as daylight, the infringement is obvious, undeniable, the defendant has no grounds to overturn the case. In such sense, it is best to accept defeat and conduct a negotiation with the patent holder to...

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The Drastic RP7 Anti-counterfeit Campaign: How to Effectively Handle Intellectual Property Rights Infringements in Vietnam

Download The production, trade, and distribution of counterfeit goods are becoming increasingly complex, occurring quite blatantly and openly. Those who produce and distribute counterfeit goods demonstrate audacity by violating intellectual property rights and disregarding the law. Rather than concealing their activities, they now operate with such confidence that they use simple and easily recognizable methods to transport fake products. 1. The widespread counterfeiting of RP7 branded products Case 1: Recently, on April 23, 2024, police in District 11 of Ho Chi Minh City temporarily detained Tr.H.Th. (born in 2001 and residing in Tan Binh district, Ho Chi Minh City) for his involvement in...

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Proving bad faith: What lessons to be learned to reclaim trademarks in Vietnam?

Reclaiming a trademark through opposition or invalidation procedures is never simple, especially when the rightful owner has not registered the trademark in their target market. Nevertheless, a Turkish company successfully regained its trademark in the European Union through invalidation proceedings, despite not holding any pre-existing trademark rights there. The company’s registration had been made in bad faith by a third party....

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...

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Medical method inventions: What should be done to obtain patent protection in Vietnam?

In Vietnam, methods of preventing, diagnosing, and treating diseases in humans and animals, known as “excluded medical methods”, are not eligible for patent protection under Article 59.7 of the Vietnam Intellectual Property Law. This regulation, established based on humanitarian policies, aims to facilitate access to advanced medical services for all societal classes, thereby improving public health by removing patent ownership barriers. However, it poses significant challenges for patent owners seeking to protect intellectual property rights for their medical method inventions. So, what are the excluded medical methods? How to identify these methods? And are there any available solutions for protecting...

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