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KENFOX IP & Law Office > Our Practice  > Vietnam  > IP Practice (Page 14)
17 August
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Guideline for Copyright issues in Vietnam

Posted by KENFOX IP
in Copyright

What are the requirements for copyright to subsist in a work? KENFOX: Per Article 14.3 of Vietnam IP Law, a work must be created directly by authors through their intellectual labor without copying others’ works. As a matter of practice, to quality for copyright protection in Vietnam, a work must be of originality (i.e. an author's own intellectual creation) and creativity (i.e. a sufficient amount of intellectual creativity). Copyright subsists since the time the work is fixed in a tangible medium (irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published...

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16 August
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Border control measure for IPR protection in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

A GI owner is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

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16 August
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Criminal procedure for IPR enforcement in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

A provincial People’s Court is entitled to hear criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories (Article 268.2 (b), Criminal Procedure Code 2015). As regards territorial jurisdiction, a Court, whose location is most adjacent to the scene of a crime, shall have jurisdiction over the criminal lawsuit against that crime....

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16 August
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Civil procedure for IPR enforcement in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

For IPR cases, proceedings must be commenced in the court for the province where the defendant resides or works or has its head office or if a dispute is relating to compensation for non-contractual damages, the plaintiff may request the Court of the locality in which his/her residence, work place or head office is located or where the case causing damage occurs to hear the matter (Article 40.1(d), Civil Procedure Code 2015). ...

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16 August
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Administrative procedure for IPR enforcement in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

Generally, under trademark-based enforcement practice, the Vietnamese competent enforcement authorities will set up an Inspection Team and may invite representatives from our firm and request local Police to join the inspection to ensure Inspection Team safe during raiding against the alleged infringer. The alleged infringer’s premise/factory/warehouse will be checked/inspected to detect and seize the infringing products. Minutes of administrative violation may be immediately made or a Working Minutes will be made first if necessary to have a meeting/discussion with the alleged infringer later before making a...

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15 August
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Questions on Copyright Enforcement in Vietnam

Posted by KENFOX IP
in Copyright

Copyright infringement in Vietnam, besides being settled under civil route, is handled under administrative route or criminal route. Per Article 200, Vietnam IP Law, Vietnamese enforcement bodies include: + Copyright enforcement bodies under administrative route: (i) Inspectorates of Ministry/Departments of Culture, Sports and Tourism. (ii) Market Management Offices; (iii) Customs Offices; (iv) Police Agencies ...

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27 June
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Important notes on International Application designating Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

Protection of collective marks: • Holders are must provide regulations governing the use of a collective mark as soon as possible. • Providing a summary of regulations governing the use of a collective mark is not considered sufficient. • Regulations must be submitted in Vietnamese. • Holders must provide explanations of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics). Protection of certification marks: Holders must provide: • regulations governing use of the mark, • explanation of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a mark for...

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29 May
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Guidance on Franchise Registration in Vietnam

Posted by KENFOX IP
in IP Practice

Conditions applicable to franchisors   A business entity may grant a franchise when the business entity satisfies all of conditions as stipulated by Vietnamese laws, particularly: (i) business system to be franchised has been operating for at least 01 year[1], (ii) business entity has registered the franchising activity with the competent body in accrdance with Vietnamese laws, and (iii) goods and services are eligible for franchising. It is further noted that, an enterprise may only conduct business in goods and services on the list of goods and services in which business is restricted or subject to conditions after such business entity has been...

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23 May
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News in Circular No. 16/2016/TT-BKHCN News in Circular No. 16/2016/TT-BKHCN of June 30, 2016

Posted by KENFOX IP
in Related Matters in Vietnam

Circular No. 16/2016/TT-BKHCN amending and supplementing a number of articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of some of the articles of the Intellectual Property Law on Industrial Property, which was amended and supplemented by Circular No. 13/2010/TT-BKHCN of 30 July 2010, Circular No. 18/2011/TT-BKHCN dated July 22, 2011 and Circular No. 05/2013/TT-BKHCN dated February 20, 2013 consists of 3 Articles containing 49 points providing amendment and supplement of some provisions creating favorable conditions for the applicants in relation...

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20 May
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Copyright infringement assessment

Posted by KENFOX IP
in Related Matters in Vietnam

For copyright infringement matters in Vietnam, the copyright owners may obtain assessment through Expertise Center of Copyright, Related Rights(“ECCR”) which was established in 2016, under Ministry of Culture, Sports and Tourism. We note, however, that as the ECCR has just come into operation, the ECCR’s officials always require to check all documents to be assessed before accepting to receive them for assessment purpose. Under the laws, the following documents are required for copyright infringement assessment: a) The written request for the assessment, including: - The name and address of the individual or organization that requests the assessment; - The ID number or the number of...

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