Have you ever wondered if using the mark in a manner other than that for which it was registered entails any risks? What are those risks? Is it mandatory to use the mark exactly as registered? What can be done to mitigate the risks associated with using the mark in a form different from the one registered? This article provides some useful information on the above topic....
Continue readingHave you ever been accused of patent infringement while conducting manufacturing and business operations in Vietnam? If you're unsure how to respond to a patent infringement allegation, you may be tempted to panic and worry about the worst-case scenario. You're probably wondering if your goods are illegal and thus subject to seizure on the market or at the border; if you'll be held liable for future items allegedly infringing a patent; if your business will face expensive lawsuits for damages; if consumers will turn against you and/or your business will likely attract negative media attention, and so on. ...
Continue readingYou 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...
Continue reading[vc_row triangle_shape="no"][vc_column width="1/4"][vc_column_text] Mr. Nguyen Vu Quan, in a discussion with Economic Times [/vc_column_text][vc_column_text] The signing of the major trade pacts EVFTA, CPTPP, and RCEPT spurred a complete change to Vietnamese IP Law, requiring better IP protection standards. Domestic businesses will face increased pressure from the need to protect and enforce intellectual property rights. Numerous businesses are well aware of this and take the necessary steps to establish their intellectual property rights. These accomplishments would not have been possible without the significant contribution of intellectual property law firms, one of which is KENFOX IP & Law Office. [/vc_column_text][vc_empty_space][vc_column_text] KENFOX IP & Law Office specializes in...
Continue readingCurrently, as Vietnam integrates into the global economy, trademark protection is a critical issue for all businesses. However, there have been a number of trademark disputes in the market recently, complicating the process of resolving disputes for businesses engaged in imports. The recent case concerning Kido Company in Ho Chi Minh City is an example. Kido Company is a pharmaceutical import and export company. Kido Company is an importer and exporter of pharmaceuticals. Kido Company is currently importing clean and fragrant oral lozenges under the trademark "mekiss XYLITOL" into the Vietnamese market. Under license from HELMIGS GERMANY GmBh in Germany, this product is...
Continue readingYou became aware that a third party had applied to register a mark in Vietnam which is strikingly similar to yours. Although you lack prior intellectual property rights in Vietnam, you wish to prevent such a similar mark from maturing into registration and would like to know whether a Notice of Opposition can be filed in this situation. The question on the availability of the right to oppose the registration of an Application Mark is critical for IPR holders, particularly those seeking to file a trademark opposition but lacking prior rights. The answer is yes, but only where appropriate. ...
Continue readingIn the current competitive business environment, the outer appearance or design of a product is considered a great advantage which the Owners, from creators to businesses, can take. In view of what the Hague System may benefit the Owners, the international registration of industrial designs is the important step to be initiated by the Owners to protect their commercial interests overseas, and it also constitutes an indispensable part of any global business strategy. Therefore, it is highly advisable that the Owners take prompt action to seek, by way of the Hague System, global protection of their industrial designs, which we...
Continue readingTrademarks are an integral part of a business’s identity and are a critical way for consumers to locate the goods or services that they seek. Among intellectual property rights, trademarks can be the most valuable asset a company owns because, for example, they are an effective communication tool to convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services; they make it easy for customers to find you, they allow you to effectively utilize the Internet and social media. Your brand is the first thing customers enter into a search engine or...
Continue readingTrong nhiều trường hợp, một logo có thể đáp ứng tiêu chuẩn để được bảo hộ dưới dạng Nhãn hiệu và/hoặc Quyền tác giả, trong khi đó, một bao bì sản phẩm có thể cùng lúc đáp ứng tiêu chuẩn để được đồng thời bảo hộ dưới cả 3 đối tượng Sở hữu Trí tuệ (SHTT): Nhãn hiệu, Kiểu Dáng Công Nghiệp (KDCN) và Quyền tác giả. Nhiều chủ thể quyền lựa chọn đăng ký Nhãn hiệu và KDCN vì cho rằng thực thi chống xâm phạm dựa trên quyền Nhãn hiệu và KDCN sẽ mạnh hơn và hiệu quả...
Continue readingOnline IPR infringement is a serious issue in Vietnam, where a large number of offending rogue websites continue to operate and grow in popularity. This results from various reasons, firstly, the lack of adequate legislation or the current ineffective statutory regulations, and secondly, the weak enforcement....
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