17 September

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Freedom to Operate (FTO) in Vietnam: Why and How you can conduct an FTO before product launching?

Launching a product in Vietnam without an FTO check is like driving at night with the headlights off, possible, but risky and expensive. Vietnam recognizes utility solutions (utility models), a powerful doctrine of equivalents in infringement analysis, and broad “Bolar”-style regulatory approval exceptions. Knowing which of these helps you, and which hurts you, often decides whether your launch flies or stalls. For foreign enterprises considering entry into the Vietnamese market, conducting a Freedom-to-Operate (FTO) search is not a simple administrative box to check; it is a critical, proactive tool for risk mitigation and strategic business planning. In a rapidly evolving economic...

13 August

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Determining Illegal Gains from Intellectual Property Infringement in Vietnam

Posted by Dương Thúy

in IP Practice, Notable Articles

Depriving infringers of all benefits obtained from their unlawful acts is a core principle intended to deter violations and eliminate the motivation to infringe. Vietnamese law has established a clear system of regulations for identifying and handling illegal gains, or illicit profits, that organizations and individuals obtain from infringing upon intellectual property (IP) rights. However, the mechanisms for determining and calculating these infringing profits are not uniform and vary depending on the context of the proceedings: from administrative sanctions to civil lawsuits and criminal prosecution. Therefore, a thorough understanding of how to apply the appropriate method for each type of...

01 July

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Vietnam’s Intellectual Property Legal Framework: Opportunities and Challenges for Foreign Investors

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Vietnam has developed a comprehensive legal framework for intellectual property (IP) rights that is increasingly important for foreign investors. As Vietnam’s economy integrates globally, its IP laws have evolved to align with international standards (e.g. WTO TRIPS Agreement) while addressing local enforcement challenges. KENFOX IP & Law Office, with its practical and extensive expertise in IP field, provides a comprehensive overview and analysis of Vietnam’s IP legal system, covering the main IP categories (copyright, trademarks, patents, industrial designs, trade secrets), key legislation and agencies, recent legal reforms, enforcement mechanisms, international treaty commitments, and practical guidance for foreign companies, enableing foreign trademark...

13 June

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

Posted by Quyen Nguyen

in Notable Articles, Patent, Vietnam

In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of the...

21 May

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Registering Trademarks in Black and White or in Color: What Is the Optimal Protection Strategy in Vietnam?

Posted by KENFOX IP

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Every element that constitutes a brand - even the smallest detail - can serve as either a competitive advantage or a strategic vulnerability in the pursuit of market share and consumer trust. A trademark, as a core commercial identifier, is not merely a visual symbol but also embodies the reputation, value, and identity of the business. Accordingly, the decision to register a trademark in black and white or in its color version should not be treated as a mere formality. Rather, it must be approached as a strategic legal determination with direct implications for the scope of intellectual property...

20 May

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Copyright Registration for Product Packaging Design in Vietnam: Can Infringement Be Addressed?

Posted by KENFOX IP

in Copyright, IP Practice, Notable Articles

A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company's oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to that...

04 April

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Patent Amendments in Vietnam: Rights and Limitations for Applicants

Posted by Quyen Nguyen

in Notable Articles, Patent

The patent registration process in Vietnam, as in many other countries, may involve multiple stages of examination. Throughout this process, amendments to the patent application may become necessary to clarify, refine, or narrow the scope of protection. KENFOX IP & Law Office provides analyses of the rights and limitations regarding patent application amendments under Vietnamese law, while also drawing a comparison with a landmark case in India to help patent applicants in Vietnam understand the differences on this issue....

12 March

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Copyright in Vietnam: Enforcement Mechanisms & Practical Tips

Posted by Quyen Nguyen

in Copyright, Notable Articles, Vietnam

Vietnam's intellectual property (IP) enforcement landscape has undergone significant reforms over the past decades, aligning with international treaties like the WTO's TRIPS Agreement and recent trade agreements such as the EVFTA and CPTPP. Notwithstanding these progressive reforms, challenges persist in the effective enforcement of copyright protections in Vietnam....

11 February

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Posted by Vu Thu Uyen

in Copyright, Notable Articles

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a “carte blanche” to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists....

10 February

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

Posted by KENFOX IP

in Copyright, Notable Articles

A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in...