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Handling intellectual property rights infringement in Vietnam: Which measures are effective?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Protecting intellectual property rights (IPR) involves the use of legal measures by state agencies and IPR holders to protect the ownership of their IP objects, prevent any infringement to ensure the integrity of these assets. Protecting IPRs entails not only preventing actual acts of infringement but also addressing and resolving infringements in order to cease the infringement and seek compensation for damages incurred. What legal measures can be applied to address IP infringement? In which cases must "criminal" measures be applied rather than "administrative" ones? Can both measures be simultaneously applied to handle an IP infringement? KENFOX IP & Law...

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Stream-Ripping: Vietnam and the Battle Against Online Content Piracy

Did you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...

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PaaS: Piracy as a Service

"PaaS" stands for "Piracy as a Service." This is a play on the more common term "Platform as a Service" in the technology industry, which refers to providing a platform allowing customers to develop, run, and manage applications without the complexity of building and maintaining the infrastructure typically associated with developing and launching an app. "Piracy as a Service" refers to services or platforms that facilitate or enable piracy by providing the necessary infrastructure, technology, and often a vast library of unauthorized digital content like movies, TV shows, or software. These platforms make it easy for other websites or end users...

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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...

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Geoblocking – What It Is and Why it Matters

[vc_row triangle_shape="no"][vc_column][vc_column_text] 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. 1. Geoblocking: What Is It Used For?[/vc_column_text][vc_empty_space height="15px"][vc_column_text] Legal compliance: Some content may be restricted in specific regions due to copyright laws or local regulations. For example, a movie might be copyrighted and only permitted for viewing in certain countries. Business Strategy: Companies...

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

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....

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

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?...

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

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”....

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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?

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...

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

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....

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