26 September

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“Bad Faith”, “Conflict of Rights”, and “IP Abuse” in Vietnam: What Lessons Can Be Drawn from the “Foellie” Trademark Dispute?

On 15 September 2025, the Intellectual Property Office of Vietnam (“VN IPO”) issued a Decision No. 205432/QĐ-SHTT annulling the validity of Certificate of Trademark Registration No. 525787 for “FOELLIE” in the name of Lưu Ngọc Anh, thereby ending four years of dispute and bringing an end to a pattern of abusive assertions of IP rights. For Laorganic Co., Ltd. (Korea) - the true proprietor of the “” (“Foellie”) mark - this Decision is not merely a matter of victory or defeat. Beyond restoring their name as the rightful owner, it revives the entire commercial flow that had been throttled by...

17 September

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Freedom to Operate (FTO) in Vietnam: Why and How you can conduct an FTO before product launching?

Posted by Dương Thúy

in Notable Articles, Patent, Viet Nam

Launching a product in Vietnam without an FTO check is like driving at night with the headlights off, possible, but risky and expensive. Vietnam recognizes utility solutions (utility models), a powerful doctrine of equivalents in infringement analysis, and broad “Bolar”-style regulatory approval exceptions. Knowing which of these helps you, and which hurts you, often decides whether your launch flies or stalls. For foreign enterprises considering entry into the Vietnamese market, conducting a Freedom-to-Operate (FTO) search is not a simple administrative box to check; it is a critical, proactive tool for risk mitigation and strategic business planning. In a rapidly evolving economic...

28 August

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Punitive Damages in Trademark Infringement: From a Chinese Precedent to a Legal Void in Vietnam

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

The act of “repeat infringement” has long been considered a basis for imposing harsher sanctions, including punitive damages. China’s legal system expressly allows this approach, but proving repeat infringement in practice requires a clear and convincing chain of evidence. A recent ruling by the People’s Court of Yuexiu District, Guangzhou, in a dispute involving Cartier, illustrates how Chinese courts evaluate evidence to establish repeat infringement and justify punitive damages. The case highlights the practical methods right holders can employ to strengthen their claims, while also exposing the current legal gap in Vietnam, where punitive damages remain unavailable. Background Cartier, a globally recognized...

22 August

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Trademark Enforcement in Laos: A Smart Strategy in a High-Risk Region

Posted by Quyen Nguyen

in Laos, Notable Articles, Trademark

What are the options for a trademark owner if their trademark is illegally used in Laos - one of Southeast Asia's most challenging jurisdictions? This was the critical question facing Luk Fook Company, a leading international jewelry brand, when its trademark was found to be in unauthorized use at a storefront within the Golden Triangle Special Economic Zone, a region in Bokeo Province, Laos, known for its legal ambiguity and illicit activities. Although enforcement in such jurisdictions may appear impractical or fraught with risk, Luk Fook Company’s enforcement strategy demonstrates that targeted legal intervention, executed with precision and discretion, can yield...

13 August

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Determining Illegal Gains from Intellectual Property Infringement in Vietnam

Posted by Dương Thúy

in IP Practice, Notable Articles

Depriving infringers of all benefits obtained from their unlawful acts is a core principle intended to deter violations and eliminate the motivation to infringe. Vietnamese law has established a clear system of regulations for identifying and handling illegal gains, or illicit profits, that organizations and individuals obtain from infringing upon intellectual property (IP) rights. However, the mechanisms for determining and calculating these infringing profits are not uniform and vary depending on the context of the proceedings: from administrative sanctions to civil lawsuits and criminal prosecution. Therefore, a thorough understanding of how to apply the appropriate method for each type of...

07 August

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Copyright and Goods: The Right Distinction for Effective IP Protection at Vietnam’s Borders

Posted by Dương Thúy

in Copyright, Notable Articles

Why can a company holding a valid copyright certificate be denied customs supervision measures? A recent case involving a Korean copyright owner and Vietnamese customs has exposed a frustrating gap between legal theory and practical IP enforcement. When a request for customs supervision was submitted based on a Copyright Registration Certificate for the packaging of the "FOELLIE INNER PERFUME" product, the Customs Department temporarily refused, declining to accept the customs supervision request....

31 July

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How wilful trademark infringement is recognised in Vietnam?

Posted by Quyen Nguyen

in Notable Articles, Trademark, Vietnam

Download In Vietnam, wilful trademark infringement is recognized when someone knowingly and intentionally uses a protected trademark without the owner's permission, in a way that causes confusion or exploits the brand’s reputation. Willful trademark infringement is recognized through both administrative and criminal actions. Administrative actions involve imposing fines and other penalties by authorities for infringing activities, while criminal actions, involving more severe penalties, are pursued when the infringement is considered to be on a commercial scale or involves counterfeit goods. The deliberate and intentional nature of an infringement not only affects the severity of penalties but also influences the overall approach to combating...

28 July

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Successful Raid Against Trademark Infringement of LACTOMASON: A Significant Victory for KENFOX and Market Surveillance Team No. 1

Posted by Quyen Nguyen

in Notable Articles, Trademark, Vietnam

Download Intellectual property (“IP”) rights are not merely a legal title, but a vital tool to safeguard corporate value - rights that only become meaningful when effectively enforced and promptly protected. On July 24, 2025, a critical legal milestone was achieved in the enforcement of IP rights for LACTOMASON CO., LTD., a reputable enterprise from South Korea. On this date, KENFOX IP & Law Office, in close coordination with Market Surveillance Team No. 1, successfully conducted an inspection and enforcement action against a serious infringement at the premises of Lacto Mason Vietnam Co., Ltd., located at 112 Nam Van Lung, An Khanh...

01 July

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Vietnam’s Intellectual Property Legal Framework: Opportunities and Challenges for Foreign Investors

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Vietnam has developed a comprehensive legal framework for intellectual property (IP) rights that is increasingly important for foreign investors. As Vietnam’s economy integrates globally, its IP laws have evolved to align with international standards (e.g. WTO TRIPS Agreement) while addressing local enforcement challenges. KENFOX IP & Law Office, with its practical and extensive expertise in IP field, provides a comprehensive overview and analysis of Vietnam’s IP legal system, covering the main IP categories (copyright, trademarks, patents, industrial designs, trade secrets), key legislation and agencies, recent legal reforms, enforcement mechanisms, international treaty commitments, and practical guidance for foreign companies, enableing foreign trademark...

27 June

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

Posted by Quyen Nguyen

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations....