06 July

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What strategies to reclaim unregistered trademark rights in Vietnam?

Vietnam follows “first to file” principle in establishing industrial property rights, whereby industrial property rights are granted to the first filer. This principle, on one hand, encourages IPR holders to register their intangible assets at the soonest time, but on the other hand, together with a “very open” and “very free” regime on "the right to register a mark" without imposing certain conditions like many countries in the world triggers rampant "trademark squatting" in Vietnam. ...

30 June

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GUIDANCE FOR INVENTION/UTILITY SOLUTION APPLICATIONS IN VIETNAM

Posted by KENFOX IP

in Patent

Requisite Information 1. Applicant: full name, address and nationality; 2. Inventor: full name, address and nationality; 3. Priority data: filing number, date and country (if applicable); 4. International filing data: filing and publishing number (as to PCT patent applications)....

23 June

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Claiming damages in IPR lawsuits in Vietnam – Key takeaways

Posted by KENFOX IP

in Trademark in Vietnam

Download 1. Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have been resolved under administrative route over the past time. While thousands of IP infringement cases are handled administratively each year, only a few cases are tried by courts. The administrative mechanism is said to be more expeditious, compact, simple, and economical in handling IPR infringements than the lengthy trial, complicated, and costly procedures of...

08 June

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Yêu cầu bồi thường thiệt hại khi khởi kiện xâm phạm quyền SHTT tại Việt Nam – Những điều quan trọng cần ghi nhớ

Posted by KENFOX IP

in Trademark in Vietnam

(English) Download Mở đầu 1. Quyền sở hữu trí tuệ (“SHTT”) là một quyền dân sự, nên trong các biện pháp để thực thi quyền SHTT, biện pháp dân sự chiếm một vị trí quan trọng. Tuy nhiên, phân tích số liệu về tình hình xâm phạm và xử lý xâm phạm quyền sở hữu trí tuệ (“SHTT”) trong nhiều báo cáo từ các cơ quan thực thi cho thấy: phần lớn các vụ xâm phạm quyền SHTT tại Việt Nam trong thời gian qua được xử lý bằng biện pháp hành chính. Trong khi mỗi năm có hàng ngàn vụ xâm phạm...

08 June

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INDUSTRIAL DESIGN PROTECTION IN CAMBODIA

Posted by KENFOX IP

in Cambodia

An Industrial Design is protected under the Law on Patents, Utility Model Certificates and Industrial Designs dated 22 January 2003. An industrial design in Cambodia means “any composition of lines or colours or any three-dimensional form, or any material, whether or not associated with lines or colors”. For an industrial design to be protected in Cambodia, it must be “new” or “novel”. An industrial design is considered new “if it has not been disclosed to the public, anywhere in the world, prior to the filing date or the priority date”. In addition, an industrial design in Cambodia must “give a...

08 June

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INVENTIONS & UTILITY MODELS IN CAMBODIA

Posted by KENFOX IP

in Cambodia

Utility Model Certificates are, similarly to patents, intellectual property rights that protect the technical aspects of inventions. The Cambodia Patent Law defines utility models as any invention which is new and industrially applicable and may be, or may relate to, a product or process. Thus, unlike patented inventions, utility models do not need to involve an inventive step. This is the key difference between utility models and patented inventions; whereas utility models may be obvious to a person skilled in the art, patented inventions may not....

08 June

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GUIDANCE FOR REGISTRATION OF INDUSTRIAL DESIGN IN VIETNAM

Posted by KENFOX IP

in Industrial Design, IP Practice

Requisite Information 1. Applicant: full name, address and nationality; 2. Inventor: full name, address and nationality; 3. Title of the claimed design; 4. Class of the claimed design according to the Locarno International Classification (if available); 5. Priority data: filing number, date and country (if applicable). ...

07 June

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INCENTIVES FOR PATENT FILING FOR FOREIGNERS IN VIETNAM

Posted by KENFOX IP

in Patent

In a common sense, “incentives for patent filing” may be construed as: (i) privileges under the governmental-level policy adopted to encourage/stimulate or attract applicants, especially foreign applicants, to file their patent applications in Vietnam; and/or (ii) supports or advantages which the competent authority gives to the applicants for the same purposes, among other things....

18 May

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Validating Singapore patents in Laos

Posted by KENFOX IP

in Patent

Singapore granted patents have been recognized in Laos through a Memorandum of Cooperation, providing ease of patent protection and commercialisation in the two countries. We provide below some critical remarks on the matter for your reference....

14 May

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Validating Chinese patents in Cambodia

Posted by KENFOX IP

in Patent

Validation of a Chinese patent in Cambodia means the recognition, on request, of the effects of the Chinese patent in Cambodia, which shall allow the China valid patent to get quicker registered in Cambodia. We provide below some remarks on the matter for your reference....