18 December

Sticky

Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

30 June

0 Comments

Sticky

An Award of Nearly VND 5 Billion for Copyright Infringement in Vietnam: What Lessons to Be Learned?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Download The copyright infringement case involving a substantial amount of nearly 5 billion VND (approx. USD 218,000) has garnered significant public attention and caught the interest of intellectual property rights holders. The trial took place in August 2022 at the People's Court of Binh Duong province. In this case, the defendant was ordered to compensate a substantial amount of nearly 5 billion VND. The compensation stemmed from the defendant's unauthorized installation of design software by their employees, thereby infringing upon the plaintiff's copyright ownership. The first-instance judgment ruled in favor of the plaintiff, who was the rightful owner of the copyright....

06 February

0 Comments

Sticky

Why should figurative marks and product labels be registered as copyright in Vietnam?

Posted by Ly Dinh

in Copyright, Vietnam

Surprise, shock, bewilderment, anxiety, pessimism and a scenario that all doors are closed is a common state/feeling that many foreign trademark owners fall into when they discover that their trademarks, even their product packagings have been filed for trademark or industrial design registration by a third party in Vietnam. Other holders are desperate that the risk of business strategy in Vietnam will be broken down/jeopardized when they detect that their trademarks and/or their product labels being copied in their entireties, or only some minor changes thereof are made by the third parties for the purpose of business exploitation....

23 June

0 Comments

Sticky

4 lưu ý quan trọng trong việc bảo hộ chương trình máy tính tại Việt Nam

Posted by KENFOX IP

in Copyright, Patent

Chương trình máy tính đang được áp dụng ngày càng rộng rãi và đóng vai trò quan trọng trong nhiều lĩnh vực nhằm phục vụ, đáp ứng một cách hiệu quả cho các nhu cầu và mục đích khác nhau. Cũng như đối với các tài sản trí tuệ khác, chủ thể quyền của chương trình máy tính luôn mong muốn tối ưu hóa mọi biện pháp bảo hộ cho chương trình máy tính mà họ sáng tạo ra để đảm bảo độc quyền sử dụng, thương mại hóa tài sản trí tuệ và thực thi hiệu quả chống lại...

03 September

0 Comments

Sticky

How to register copyright in Vietnam?

Posted by KENFOX IP

in Copyright

You do not need to apply for copyright registration to enjoy copyright protection in Vietnam. In compliance with the Berne Convention to which Vietnam is a signatory, Vietnam Copyright Law provides that “Copyright shall arise at the time a work is created and fixed in a particular material form, regardless of its content, quality, form, mode, or language, and regardless of whether such work has been published or registered." As such, statutorily, copyright is an automatic right that does not require registration, which means that the author or creator acquires copyright immediately upon completion of the original work. However, IPR...

06 August

0 Comments

Sticky

Difference between Copyright and Industrial Design Right

Posted by KENFOX IP

in Copyright, Industrial Design

Under the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, trade marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition....

06 August

0 Comments

Sticky

Industrial Design Or Copyright Protection, Which You May Be Unaware Of?

Posted by KENFOX IP

in Copyright, Industrial Design

In a recent court decision, a High People's Court affirmed the decision made by a lower-level court, in INTERLEGO AG v. Tianjin COKO Toy Co., Ltd. regarding copyright infringement of the Lego bricks. In its landmark decision, the high court confirmed industrial designs' dual protection under patent and copyright law as works of applied art....

18 September

0 Comments

Sticky

Sanctions/Remedies against Copyright Infringement in Vietnam

Posted by KENFOX IP

in Copyright

Copyright infringement may be subject to administrative or criminal sanctions, depending on severity of the infringement. Further, the copyright owner may also take a court action to claim a compensation for damages caused by the copyright infringement. Below is a summary of sanctions/remedies under administrative, criminal or civil proceedings pertaining to copyright infringement in Vietnam....

20 August

0 Comments

Sticky

Questions on copyright in Vietnam

Posted by KENFOX IP

in Copyright

Copyright and copyright related rights are categories in intellectual property rights which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Copyright related rights (related rights) are a special type of copyright and are separate from the author’s rights. Related rights are defined as rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes (Article 4.3, Vietnam IP Law). ...