Validation of a European patent means the recognition, on request, of the effects of the European patent application and the European patent in Cambodia. We provide below some critical remarks on the matter for your reference....
Continue readingSubject to the nature and severity of IPR infringement, when an industrial design infringement occurs, the holder may resort to administrative, civil or border control route to fight thereagainst. If the alleged infringing products are found to be imported into Vietnam via customs, priority should be given to recordal of customs supervision for the design patent in Vietnam....
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In 2018, PIAGGIO & C. S.p.A. (“PIAGGIO”), the holder of Design Patent No. 20652 for protection of motorbike industrial design, filed a suit against a Vietnamese company named “DETECH Technology Development Supporting Joint Stock Company” (“DETECH”). ...
Continue readingIf Vietnam IP issues a final decision to reject a trademark application, there are 02 (two) remaining options for recourse. In detail, the applicant may either file an appeal with the with the Science and Technology Minister (“MOST”), the supervising body of the IP Vietnam or initiate lawsuits at court. If an applied-for mark is finally rejected to register by the MOST or a competent court in Vietnam, assuming that such refusal is based on absolute ground (e.g. a merely distinctive mark or weakly distinctive mark), ...
Continue reading1. Differences between a multiple-class trademark application and a single-class trademark application Each trademark application filed with the IP Office of Vietnam may request registration of a mark used for one or more than one goods or services (See Point 37.2, Circular No. 01/2007/TT-BKHCN, as revised). That being said, a trademark application can cover either 01 class or multiple classes of goods/services. Hereunder are main differences between a multiple-class trademark application and a single-class trademark application in Vietnam. Criteria of comparison A multi-class Trademark Application A single-class Trademark Application Fees Filing fee is slightly reduced as compared to a single-class Trademark Application in terms of both official...
Continue readingHow the goods and/or services bearing this trademark are deemed related/relevant to those under an earlier mark is very important to determine registrability of similar trademarks in Vietnam. Whether Nice Classification is the only basis for making an assessment on relatedness/relevance of the goods/services bearing trademarks? Of course, it is not....
Continue readingRegistering a trademark in Vietnam is a legal administrative proceeding in which a trademark applicant (either a natural person or a legal entity) file an application to register a trademark with the Intellectual Property Office of Vietnam (“IP Vietnam”). Of note, co-ownership of a trademark is possible in Vietnam. Trademarks to be protected under the IP Law of Vietnam include: (i) Trade/service Mark; (ii) Collective Mark; (iii) Certification Mark; (iv) Associated Mark and (v) Well-known Mark...
Continue readingIndustrial designs serve as an valuable tool for any manufacturer who relies on the outward appearance of their products to attract customers and entice potential buyers to choose their offering over the competition. As such, features protectable as industrial designs can be used both purely as a form of aesthetic enticement, as well as a way to distinguish your products, helping them stand out from a multitude of similar goods. Combating design infringement has never been easy. Design registrations protect against infringers from producing the same goods or products which do not produce a different overall visual impression on an...
Continue readingGenerally, when trademark infringements occur in Cambodia, the trademark owner may resort to administrative, civil, criminal procedures, or border control measures in order to protect their rights. From our experience, most of trademark infringement cases in Cambodia are handled through the administrative proceedings with the involvement of Cambodian Department of Intellectual Property ...
Continue readingTo license an IP object in Vietnam, such object must be already protected in Vietnam, i.e. it has been granted patents or certificates of registration...
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