10 May

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

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 Quyen Nguyen

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 Quyen Nguyen

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 Quyen Nguyen

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 Quyen Nguyen

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....

02 May

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Filing Patent Infringement Lawsuits In Vietnam – What Businesses Stand To Learn?

Posted by Quyen Nguyen

in Notable Articles, Patent, Vietnam

Download At first glance, with a series of clear evidence such as the Assessment Conclusion of Vietnam Intellectual Property Research Institute (VIPRI) confirming patent infringement, the Inspection Conclusion of the Inspectorate of the Ministry of Science and Technology (IMOST) confirming the act of infringement, the products containing signs of patent infringement were also detained and recorded by IMOST, almost everyone would think that: The picture is clear as daylight, the infringement is obvious, undeniable, the defendant has no grounds to overturn the case. In such sense, it is best to accept defeat and conduct a negotiation with the patent holder to...

24 April

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

Posted by Vu Thu Uyen

in Case Studies, IP Practice, Notable Articles

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...

24 April

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Assessing Intellectual Property Rights Infringement in Vietnam: Four Key Considerations

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Upon suspecting an infringement of their intellectual property (IP) rights, holders can submit a request to the Vietnam Intellectual Property Research Institute (VIPRI) for an assessment or expert opinion to determine the presence of infringement elements....

22 April

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Medical method inventions: What should be done to obtain patent protection in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Patent, Vietnam

In Vietnam, methods of preventing, diagnosing, and treating diseases in humans and animals, known as “excluded medical methods”, are not eligible for patent protection under Article 59.7 of the Vietnam Intellectual Property Law. This regulation, established based on humanitarian policies, aims to facilitate access to advanced medical services for all societal classes, thereby improving public health by removing patent ownership barriers. However, it poses significant challenges for patent owners seeking to protect intellectual property rights for their medical method inventions. So, what are the excluded medical methods? How to identify these methods? And are there any available solutions for protecting...

16 April

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Cancelling a Trademark Registration in Bad Faith in Vietnam: What a Genuine Trademark Owner Needs to Do?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Trademark, Vietnam

Download [Executive summary]: v. . Tân Việt Company, a Vietnamese enterprise, successfully secured the trademark "CAF PROFESSIONAL SOUND" under Registration No. 390821 with IP VIETNAM. Upon discovering this registration, Kafu Company, a China-based company, filed an invalidation with IP VIETNAM based on bad faith ground. Category Details Applied-for trademark Class & goods 09 (Audio equipment such as speakers, audio amplifiers, disc players).35 (Trading, importing and exporting audio equipment such as speakers, sound amplifiers, disc players). Application/Registration No. 4-2018-28713 (390821) Applicant Công ty cổ phần xuất nhập khẩu & đầu tư phát triển Tân Việt (Tan Viet Company) Genuine trademark owner Foshan City Nanhai Kafu Professional Audio Equipment Factory (Kafu Company) Action Filing a trademark...