KENFOX IP & Law Office > Our Practice (Page 3)

When New Facts Will Be Accepted for an IP Appeal in Vietnam?

Protecting intellectual property (IP) rights in Vietnam can be fraught with challenges, particularly when faced with unfavorable decisions issued by the IP Office of Vietnam (IPVN). One such hurdle lies in the complex and evolving landscape of "new facts" in IP appeal proceedings. What constitutes a "new fact"? When can it be introduced? And how does this impact the outcome of an appeal? These questions have perplexed IP rights holders and practitioners alike. As Vietnam's IP landscape evolves, so too do the rules governing "new facts", creating both opportunities and challenges for those seeking to protect their intellectual assets....

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Understanding the Trademark Examination Process in Laos

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Lao People's Democratic Republic (Lao PDR) offers a legal framework for protecting trademarks through registration. A registered trademark grants the owner exclusive rights to use the mark for specific goods or services, preventing others from using a similar mark that could cause confusion among consumers. KENFOX IP & Law Office provides a comprehensive overview of the trademark examination process in Laos, guiding businesses and individuals through the key stages involved in securing trademark protection. 1. Preliminary examination The first step in the trademark registration process is the preliminary examination conducted by the Department of Intellectual Property (DIP). The DIP assesses the...

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From China to Vietnam: Are Individual Voices Protected by Intellectual Property?

Voices play a multifaceted role in human society, serving as tools for communication, identity verification, and even artistic expression. Individual voices represent a unique and valuable intangible asset, holding significance both personally and commercially. However, the rapid advancement of AI technology has raised novel questions regarding the intellectual property (IP) protection of individual voices regarding the IP protection of individual voices...

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Laos Unveils New IP Law 2023: 5 Burning Questions Every Business Should Ask

Laos has made significant progress in modernizing its intellectual property (IP) framework. The recently enacted Law on Intellectual Property No. 50/NA (the “2023 Law on IP“) brings Laos closer to international standards, creating a more favorable environment for businesses in the country. However, there are still challenges that need to be addressed within Laos’ IP regime....

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Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....

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PCT Applications Designating or Selecting Vietnam: Common Mistakes and How to Avoid Them?

Many patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....

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Novartis AG Triumphs in the Journey to Protect Vildagliptin Patent in Vietnam

Novartis AG, a leading global pharmaceutical corporation, holds the patent for the active ingredient “Vildagliptin”, a crucial component in the treatment of type 2 diabetes. In Vietnam, this groundbreaking invention is protected under Patent No. 5529. Soon after, counterfeit products emerged in the market, significantly cheaper than the genuine product, causing confusion among consumers. Novartis AG did not stand idly by. Extensive investigative efforts revealed the reality: Novartis AG’s patented product was being severely infringed upon in Vietnam....

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Registering Industrial Designs in Vietnam: 6 Mistakes to Avoid and Secrets to Successful Registration

The unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...

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Opposing an Industrial Design Application in Vietnam: What secrets to Successful Opposition?

Upon identifying an industrial design (“ID”) application filed by a competitor that could potentially harm or negatively impact your interests, you have the right to file a Notice of Opposition, officially voicing your objection to the granting of a protection certificate for that ID application. To ensure the success of your Opposition, it is crucial to follow specific steps and implement effective strategies aligned with Vietnam’s IP Laws....

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