06 June

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Beyond First-to-File: How Copyright Won a Trademark Battle in Vietnam?

First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able...

04 June

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What are Key Considerations for Industrial Design Divisional Application in Vietnam ?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Industrial design (ID) protection holds significant importance in the business strategies of designers and manufacturers, as it has the potential to enhance the value of products showcasing unique designs and attract customers. In Vietnam, ID can be protected by filing an ID application with the Intellectual Property Office of Vietnam (IP VIETNAM). In case the ID application meets the protection criteria, it will be granted an industrial design patent. This grants the design patent holder exclusive ownership and usage rights over the granted design, and it also provides the design patent holder with rights to prevent copying or imitation without...

31 May

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Facing a Trademark Refusal in Vietnam? Learn How to Appeal and Win

Posted by Ly Dinh

in Notable Articles, Trademark

Have you invested time and effort into crafting the perfect trademark, only to see it rejected by the Intellectual Property Office of Vietnam (IP Vietnam)? Don’t give up! Trademark refusals can be frustrating, but they aren’t necessarily the end of the road. There are still options for challenging the decision and potentially securing your trademark registration. Our firm, KENFOX IP & Law Office provides a clear breakdown of the appeal process in Vietnam, equipping you with critical information to pursue a successful appeal....

30 May

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Chinese Character Trademarks: Still Protected or Outdated?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

This question is attracting the attention of many businesses and individuals using trademarks containing Chinese characters in Vietnam. Before 2005, trademarks consisting solely of Chinese characters were considered inherently distinctive and were granted protection if they met the required standards and conditions. The protection of trademarks containing only Chinese characters was in accordance with the provisions of the Industrial Property (IP) law in effect from 1982 to 2005....

21 May

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Handling intellectual property rights infringement in Vietnam: Which measures are effective?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Protecting intellectual property rights (IPR) involves the use of legal measures by state agencies and IPR holders to protect the ownership of their IP objects, prevent any infringement to ensure the integrity of these assets. Protecting IPRs entails not only preventing actual acts of infringement but also addressing and resolving infringements in order to cease the infringement and seek compensation for damages incurred....

10 May

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Stream-Ripping: Vietnam and the Battle Against Online Content Piracy

Posted by Ly Dinh

in Copyright, Notable Articles

Did you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...

10 May

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PaaS: Piracy as a Service

Posted by Ly Dinh

in Copyright

"PaaS" stands for "Piracy as a Service." This is a play on the more common term "Platform as a Service" in the technology industry, which refers to providing a platform allowing customers to develop, run, and manage applications without the complexity of building and maintaining the infrastructure typically associated with developing and launching an app. "Piracy as a Service" refers to services or platforms that facilitate or enable piracy by providing the necessary infrastructure, technology, and often a vast library of unauthorized digital content like movies, TV shows, or software. These platforms make it easy for other websites or end users...

10 May

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Safe habors

Posted by Ly Dinh

in Copyright

In the context of copyright law, "safe harbors" refer to legal provisions that provide immunity or protection to Internet Service Providers (ISPs) and other online intermediaries from liability for the copyright infringement activities of their users, as long as the intermediaries meet certain specified conditions. These provisions are designed to balance the rights of copyright holders with the practicalities of online service operation, enabling the digital economy to flourish while also protecting intellectual property rights. To qualify for safe harbor protection, ISPs and other intermediaries generally must: [1] Not have actual knowledge of the infringing activity or, in cases where they do...

10 May

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Geoblocking – What It Is and Why it Matters

Posted by Ly Dinh

in Copyright

Geoblocking is the practice of restricting access to internet content based on a user’s geographical location. This is typically achieved by using technology to determine the user’s IP address, which identifies the country or region from which they are accessing the internet. With this information, content providers can then either allow or deny access to specific content....

10 May

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Exploring Pre-Release Leaks: What They Are and Why They Matter

Posted by Ly Dinh

in Copyright

The term "pre-release leaks" refers to unauthorized releases of music or other media before the official release date set by the publisher or artist. These leaks can occur through various channels and often involve digital files being made available online without permission. This allows consumers to access and distribute new music before it is officially released, often harming sales and disrupting marketing plans. Pre-release leaks are considered a serious issue within the music and entertainment industries, as they undermine the controlled release strategies meant to maximize media exposure and revenue....