15 August

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The Stolichnaya Vodka Lawsuit in Vietnam: What Intellectual Property Issues Should Be Considered?

The Russian vodka brand, long considered a symbol of culture, quality, and luxury, is facing serious legal challenges globally, including in Vietnam. The decades-long dispute over intellectual property (IP) rights for famous vodka brands such as Stolichnaya has exposed pressing issues in brand protection in Vietnam, especially in the context of international economic integration. The recent lawsuit in the Hanoi People's Court between Spirits International B.V. (SPI) and FKP Sojuzplodoimport (FKP) has once again ignited heated debate over intellectual property rights, raising important questions about fundamental legal principles such as: the criteria for determining ownership of a trademark, the role of...

13 August

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Specialized IP Court: A “Revolution” in Resolving IP Disputes in Vietnam

Posted by Vu Thu Uyen

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The significant increase in the number and complexity of intellectual property (IP) disputes in Vietnam, coupled with the limitations of current administrative and criminal measures, has necessitated the establishment of a specialized judiciary in Vietnam. The IP Court, expected to be established in the near future, will assume this crucial role, with jurisdiction over IP-related cases as stipulated in the Civil Procedure Code. The advent of the IP Court promises to revolutionize the way IP disputes are resolved, providing a more efficient, specialized, and predictable legal process for both domestic and foreign IP rights holders. Current IP landscape in Vietnam:...

07 August

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From China to Vietnam: Can Unfair Competition Law Be Used to Address Trademark Squatting?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

In China and Vietnam, the legal landscape for trademark protection is undergoing significant transformations. For years, rights holders have struggled to combat the widespread practice of trademark squatting, where bad-faith actors exploit the "first-to-file" principle to register and hoard trademarks, unfairly profiting from the efforts of legitimate owners. However, recent court rulings, such as Bayer v. Li Qing and Emerson v. Hemeiquan, have begun to shift the landscape, interpreting unfair competition laws more broadly. These decisions have created new legal tools that empower brand owners to protect their IP rights. These changes in the legal system are reshaping how businesses...

17 July

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From China to Vietnam: Are Individual Voices Protected by Intellectual Property?

Posted by Ly Dinh

in IP Practice, Notable Articles

Voices play a multifaceted role in human society, serving as tools for communication, identity verification, and even artistic expression. Individual voices represent a unique and valuable intangible asset, holding significance both personally and commercially. However, the rapid advancement of AI technology has raised novel questions regarding the intellectual property (IP) protection of individual voices regarding the IP protection of individual voices...

10 July

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Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....

08 July

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Combating IP Infringement Effectively: Why Multi-Form Protection is Essential in Vietnam

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

A product may meet the conditions for protection under multiple forms of Intellectual Property (IP) rights, such as Patents, Industrial Designs, Trademarks, and Copyrights in Vietnam. Each form of IP protection has its own advantages and scope of protection....

04 July

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PCT Applications Designating or Selecting Vietnam: Common Mistakes and How to Avoid Them?

Posted by Vu Thu Uyen

in Notable Articles, Patent, Vietnam

Many patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....

04 July

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Novartis AG Triumphs in the Journey to Protect Vildagliptin Patent in Vietnam

Posted by Ly Dinh

in IPR enforecement, Patent

Novartis AG, a leading global pharmaceutical corporation, holds the patent for the active ingredient “Vildagliptin”, a crucial component in the treatment of type 2 diabetes. In Vietnam, this groundbreaking invention is protected under Patent No. 5529. Soon after, counterfeit products emerged in the market, significantly cheaper than the genuine product, causing confusion among consumers. Novartis AG did not stand idly by. Extensive investigative efforts revealed the reality: Novartis AG’s patented product was being severely infringed upon in Vietnam....

27 June

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Registering Industrial Designs in Vietnam: 6 Mistakes to Avoid and Secrets to Successful Registration

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Vietnam

The unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...

27 June

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Opposing an Industrial Design Application in Vietnam: What secrets to Successful Opposition?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Vietnam

Upon identifying an industrial design (“ID”) application filed by a competitor that could potentially harm or negatively impact your interests, you have the right to file a Notice of Opposition, officially voicing your objection to the granting of a protection certificate for that ID application. To ensure the success of your Opposition, it is crucial to follow specific steps and implement effective strategies aligned with Vietnam’s IP Laws....