10 May

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Safe habors

In the context of copyright law, "safe harbors" refer to legal provisions that provide immunity or protection to Internet Service Providers (ISPs) and other online intermediaries from liability for the copyright infringement activities of their users, as long as the intermediaries meet certain specified conditions. These provisions are designed to balance the rights of copyright holders with the practicalities of online service operation, enabling the digital economy to flourish while also protecting intellectual property rights. To qualify for safe harbor protection, ISPs and other intermediaries generally must: [1] Not have actual knowledge of the infringing activity or, in cases where they do...

10 May

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Geoblocking – What It Is and Why it Matters

Posted by Ly Dinh

in Copyright

Geoblocking is the practice of restricting access to internet content based on a user’s geographical location. This is typically achieved by using technology to determine the user’s IP address, which identifies the country or region from which they are accessing the internet. With this information, content providers can then either allow or deny access to specific content....

10 May

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Exploring Pre-Release Leaks: What They Are and Why They Matter

Posted by Ly Dinh

in Copyright

The term "pre-release leaks" refers to unauthorized releases of music or other media before the official release date set by the publisher or artist. These leaks can occur through various channels and often involve digital files being made available online without permission. This allows consumers to access and distribute new music before it is officially released, often harming sales and disrupting marketing plans. Pre-release leaks are considered a serious issue within the music and entertainment industries, as they undermine the controlled release strategies meant to maximize media exposure and revenue....

08 May

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Evergreening Strategy: Extending Patent Protection, Innovation or Obstruction?

Posted by Vu Thu Uyen

in Notable Articles, Patent/Utility Solutions, Vietnam

“Evergreening” in the context of intellectual property (IP), especially in the field of patents, refers to a strategy that companies often use to prolong their commercial exclusivity. This strategy is particularly common in the pharmaceutical industry, where companies secure patents for minor modifications, improvements, or new applications of existing products. Often, these patents are based not on entirely new technical solutions but rather on minor changes to previously protected products or processes. The purpose of these modifications is to extend patent exclusivity without the necessity to create a completely new product....

07 May

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5 Legal Secrets to Effectively Protect Utility Solutions That You Need to Know

Posted by Vu Thu Uyen

in Notable Articles, Patent/Utility Solutions, Vietnam

Download Do you have a breakthrough idea or new technical solution in Vietnam and want to protect it without being encumbered by the strict requirements of conventional patent protection? Consider registering for protection in the form of “Utility Solutions”, which may be the ideal solution to protect your intellectual property (IP) rights. Registering technical innovations and improvements (solutions) for protection in the form of utility solutions offers a simple and quick method to safeguard intellectual property rights, without necessitating "inventiveness" - a prerequisite for patent protection. This distinction renders utility solutions an appealing option, particularly suitable for technical solutions that may not...

06 May

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Registering a Trademark in Bad Faith in Vietnam: How to Prove the Applicant’s Intentions and Motives

Posted by Ly Dinh

in Notable Articles, Trademark

To prove that a trademark application was filed in “bad faith”, it must be shown not only that the applicant “knew” or “had a basis to know” about the mark of the legitimate trademark owner but also that the applicant had a specific intention or motive behind the registration. As per Article 34.2(b) of Circular 23/2023/TT-BKHCN, this second condition focuses on the motives and intentions of the applicant. What actions do these intentions and motives include? Is it easy to prove?...

06 May

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Bad Faith – The Secret to Proving Bad Faith and Regaining the Trademark in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark

The filing of a trademark application is generally considered to be automatically made in good faith and creates exclusive rights for the owner. However, if the filing is intended to deprive the genuine trademark owner of the benefits of their existing mark and cause confusion for consumers, it will break the goals and basic principles of the law on intellectual property rights protection. Such trademark filing with the motive described above is considered to be in 'bad faith”....

06 May

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How to Establish That the Applicant “Knew” or “Had a Basis to Know” in Cases of Trademark Registration in Bad Faith?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Proving that the trademark registration applicant “knew” or “had a basis to know” about the trademark of legitimate trademark owners under Article 34.2 of Circular 23/2023/TT-BKHCN is not simple. Vietnam’s Intellectual Property Law does not establish specific regulations on documents that need to be provided for proof purposes. However, on the basis that trademark disputes registered in “bad faith” have been handled, KENFOX IP & Law Office provides an overview of necessary documents and evidence to help legitimate trademark owners prove that the applicant “knew” or “had a basis to know” about that trademark before filing an application for registration...

06 May

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Taking Advantage of the Reputation of the Legitimate Trademark Owner: How to Prove?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Proving that a third party has exploited the reputation of a trademark owner is never simple. It demands a comprehensive approach to gather and utilize evidence in disputes over trademark rights, particularly in instances where trademarks are registered with malicious intent (bad faith). KENFOX IP & Law Office offers the following step-by-step guidance to assist legitimate trademark owners in demonstrating that their trademark’s reputation has been exploited....

03 May

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3 Typical Copyright Infringement Cases Criminally Prosecuted in Vietnam

Posted by Ly Dinh

in Copyright, Notable Articles

Download In recent years, Vietnam has emerged as a hotbed for copyright infringement, fueled by the rapid growth of websites and services that distribute pirated content. Sites like Phimmoi, Fmovies, AniWave, 123movies, BestBuyIPTV, and 2embed not only cause significant damage to the domestic creative market but also adversely affect the global industry. The popularity of these pirated movie sites stems from the substantial profits they generate. However, Vietnamese enforcement agencies have made significant efforts in law enforcement to address copyright infringement cases, especially in the field of digital content and online distribution. KENFOX IP & Law Office highlights three typical cases of...