05 April

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ASPEC Programme – an avenue to expedite patent granting in Vietnam and other ASEAN countries

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. What is ASEAN Patent Examination Co-operation (ASPEC) programme? The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results. Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued...

29 March

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Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions

Posted by Ly Dinh

in IP Practice, Trademark

Download Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This...

29 March

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Patent invalidation in Vietnam: Key Considerations and Approaches

Posted by Ly Dinh

in Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows...

29 March

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Bad faith (Malicious) – a legal basis for trademark opposition or invalidation in Vietnam

Posted by Ly Dinh

in IP Practice, Trademark

"Bad faith" is a legal term that was added to Articles 96 and 117 of Vietnam's amended IP Law in 2022 in order to address the following issues: (i) to close legal loopholes that had been identified from the "first-to-file" principle – a mechanism that grants protection titles to the those earliest filed trademark applications, including those made in bad faith and (ii) effectively curbing trademark squatting – a growing trend in emerging economies like Vietnam. With the provision of "bad faith," a legitimate trademark owner has an additional important legal basis to challenge the validity of a trademark filed or registered by a third party...

17 March

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How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cancellation Cases in Vietnam?

Posted by Ly Dinh

in IP Practice, Trademark in Vietnam

Download Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights. Facts A recent case that exemplifies the above mentioned principle...

13 March

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Is the use of a trademark on the website considered admissible evidence against a trademark invalidation in Vietnam ?

Posted by Vu Thu Uyen

in Trademark in Vietnam, Vietnam

Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration. This procedure serves to cancel trademarks that exist in the register but are not used in practice, and also to prevent trademark squatting that aims to block identical marks from entering the market. However, the absence of clear guidelines on the "use of trademark" in Vietnam's intellectual property law may hinder the institution's ability to invalidate trademarks based on non-use grounds stipulated...

10 March

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How to use US patents to expedite Cambodian patent examination: A step-by-step guide

Posted by Ly Dinh

in Cambodia, Patent

Download The process of patent examination can be complex, time-consuming, and often leads to unpredictable outcomes. In order to provide greater predictability and streamline the process, Cambodia has implemented programs to expedite the examination of patent applications. These programs are the result of bilateral agreements between Cambodia and foreign countries, including the latest agreement with the United States on October 23, 2020. Under this agreement, Cambodian patent applications can be accelerated by relying on US patents during examination. Similar agreements with China, Singapore, Korea, Japan, and Europe have also allowed foreign patent owners to efficiently extend their patent rights to Cambodia. This...

09 March

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Avoiding Descriptiveness Refusal in Laos: Key Considerations for Trademark Owners

Posted by Ly Dinh

in Laos

Download A trademark is a source identifier denoting that a product/service belongs to a certain company or person, and distinguishes it from the products/services of others so that is it eligible to be protected by law. Thus, a sign that has no source-indicating significance must be refused registration to ensure that all other individuals or entities are free to use such it. In Laos, not a few trademark applications are denied on the grounds that the proposed trademarks fail to meet the protection requirement as they are considered descriptive of the goods or services in question or common names the designate...

07 March

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Key takeaways from the recent trademark assessment conclusion issued by the Vietnam Intellectual Property Research Institute

Posted by Ly Dinh

in IP Practice, News

Download Background: HOA SEN Vietnam Co., Ltd is a company engaged in design, art design, advertising, and communication. In 2013, HOA SEN Company registered a mark including the verbal element "HOA SEN" in combination with a number of other elements (HOA SEN, device) at the Intellectual Property Office of Vietnam (“IP Vietnam”) for 04 classes of services including: Trademark: HOA SEN, device Class 35: Advertising services, presentation/display of goods on communication media for sales. Class 40: Printing services. Class 41: Television program production activities; photography; organizing cultural, artistic and sports events Class 42: Print product design service In 2017, the distributor and sales agent...

06 March

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Amending Patent Specifications In Vietnam – Best Practices for Applicants

Posted by Ly Dinh

in IP Practice, Patent

Download Even after a patent specification has been filed to the Intellectual Property Office of Vietnam (IP VIETNAM), it may be amended at the applicant's initiative (also known as voluntary amendment) or at IP VIETNAM's request. If an amendment or supplement to a patent application expands the scope of the subject matter disclosed or stated in the application or alters the nature of the claimed subject matter stated in the application, there is a risk that the patented product or process could be invalidated at the request of a third party. To mitigate such legal risks associated with patents, it is...