03 September

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How to register copyright in Vietnam?

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...

01 September

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KENFOX – A reliable IP partner for businesses

Posted by KENFOX IP

in IP Practice, Vietnam

[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...

30 August

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Should “XYLITOL” be recognized as a trademark?

Posted by KENFOX IP

in Trademark in Vietnam

Currently, 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...

23 August

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Opposing an Application Mark without prior rights in Vietnam, is it possible?

Posted by KENFOX IP

in Trademark in Vietnam

You 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. ...

23 August

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The Hague System: How it Can Benefit Industrial Design Registration

Posted by KENFOX IP

in Industrial Design

In 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...

20 August

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How to avoid losing trademark rights due to non-use in Vietnam

Posted by KENFOX IP

in Trademark in Vietnam

Trademarks 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...

06 August

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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

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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....