26 March

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Cancelling a copyright or related right registration in Myanmar: How?

Download Articles 55, 56, and 57 of Myanmar's Copyright Law provide for the grounds and procedures for canceling a copyright or related rights registration. KENFOX would like to provide below essential insights and details to help the concerned parties to take propeer actions concerning copyright/related cancellation in Myanmar. 1. Filing an application for cancellation Under Article 55, if it is found that a registered copyright or related rights is “prejudicial” to any person or to public interests, a cancellation can be requested. Such adverse impact, or prejudiciality, can manifest in various ways: • Monopolization of public domain works: If a work that should...

26 March

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Economic rights and moral rights of copyright owners in Myanmar

Posted by Ly Dinh

in Copyright, Myanmar

Download 1. Economic rights of copyright owners in Myanmar: What are they Under Myanmar's Copyright Law, Articles 18 and 19 define the economic rights granted to authors and copyright owners, encompassing a broad spectrum of exclusive rights that allow for the commercial use and control of their works. KENFOX provides below the relevant economic rights so that authors and copyright owners can take relevant actions under Myanmar laws. Economic Rights Granted (Article 18) [1] Reproduction: The right to make copies of the work in any manner or form, including any permanent or temporary storage of the work in electronic form. [2] Translation, adaptation, arrangement, or...

20 March

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Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

Posted by Vu Thu Uyen

in Cambodia, Industrial Design, Notable Articles

Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product with...

20 March

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How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...

20 March

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How to Overcome Trademark Refusal for Genericness or Descriptiveness in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain. Yet, Myanmar's New Trademark Law does not clearly provide for how...

19 March

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How to Report Trademark Infringement to Shopee E-commerce Website in Vietnam?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download Shopee, Lazada, and other e-commerce website operators in Vietnam are proactively working to protect intellectual property rights and create a safer e-commerce environment for consumers and brand owners. Shopee, in its efforts, has effectively blocked over 33 million listings flagged for potential intellectual property infringements and escalated the suspension of seller accounts for IP violations by 140%. Last year, our firm, KENFOX, acting on behalf of a copyright owner in Vietnam, submitted a takedown notice to Lazada. Consequently, nearly 2,000 listings from an account selling Foellie inner perfume, a Korean brand, aimed at Vietnamese consumers, were taken down upon our...

18 March

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Fighting the Fakes: 8 common tricks employed by online sellers in Vietnam

Posted by Vu Thu Uyen

in IP Practice, News, Vietnam

Download Online e-commerce platforms have revolutionized the way we shop, offering convenience and a broader selection of goods. However, this digital transformation has also brought significant challenges for Intellectual Property Rights (IPR) holders who aim to control the proliferation of counterfeit products. Online sellers of fraudulent goods employ a very wide range of deception tricks in their online stores to outsmart the consumers, so as to maximize their ill-gotten gain. At KENFOX, our attorneys have joined forces with Vietnamese enforcement authorities to tackle these unethical practices head-on. Through collaboration with Vietnamese enforcement authorities, our attorneys from KENFOX have dealt with various...

07 March

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Temporary Residence Card in Vietnam – What You Need To Know

Posted by Vu Thu Uyen

in Investment and Enterprise, Legal Practice

Download The Temporary Residence Card (TRC) in Vietnam is a document issued by the immigration authority or a competent authority of the Ministry of Foreign Affairs. It is granted to foreigners who are allowed to reside in Vietnam for a certain period of time. Here are some key points about the TRC: 1. Temporary Residence Card (TRC) in Vietnam: What is it? The TRC serves as a long-term visa for foreigners staying in Vietnam. It allows foreign nationals to legally reside in the country for an extended duration, typically ranging from 2 to 3 years. 2. What benefits can a TRC in Vietnam bring...

01 February

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Law vs. Reality: The Hurdles of Pursuing Damages in Vietnamese Copyright Infringement Cases

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download The transfer price of intellectual property (IP) rights is one of the legal bases specified in Article 205.1(b) of the Vietnam IP Law to determine compensation claims in IP disputes. However, in a recent notable IP infringement case, both levels of court - first instance and appellate court - simultaneously rejected a claim for compensation based on the "transfer price" of IP rights. The case not only sparked endless debates about the complexity of the legal process, but also highlighted a significant challenge in determining the basis and method for Courts to assess and award compensation in IP disputes. Why is...

01 February

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How Does Vietnam’s IP Law Need To Provide For AI Generated Works?

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from...