17 December

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“The Know Before You Go”: A Crucial Guide for Chinese Trademark Owners in Vietnam/ “行前须知”：中国商标持有人在越南的必备指南

It is with great honor that we announce the contribution of our senior partner, Mr. Nguyen Vu Quan, to the INTA country guide "The Know Before You Go", specifically the Vietnam Chapter for Chinese enterprises. Mr. Quan's dedication and extensive expertise have enabled him to provide in-depth and practical insights on a variety of trademark-related issues, crucial for addressing the complex IP landscape in Vietnam. 我们非常荣幸地宣布，本所高级合伙人阮武权先生（Nguyen Vu Quan）为INTA国家指南“出行须知”（The Know Before You Go）做出了贡献，特别是为中国企业撰写了越南章节。权先生凭借其奉献精神和丰富的专业知识，对各种商标相关问题提供了深刻且实用的见解，这对于应对越南复杂的知识产权格局至关重要。 Answering questions for INTA’s country guides demands not only time and effort but also profound expertise and practical experience. This is particularly true in the context of Vietnam, where IP...

06 December

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Invalidation of a European Patent: How can it impact your patents in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Many businesses worry that the invalidation of a European patent will automatically lead to the loss of protection in Vietnam. Can a decision to invalidate a patent in Europe truly “cross borders” and affect your patent in Vietnam? KENFOX IP & Law Office provides detailed guidance on the relationship between patent invalidation in Europe and its impact on patents in Vietnam....

27 November

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“Fabrilcar” vs. “FABRICA” and “FABRICAIR”: How to successfully appeal a trademark refusal in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Vietnam – On 16/10/2024, the IP Offfice of Vietnam (“IP VIETNAM“) issued a Decision on acceptance of IR No. 1470915 for the mark “Fabrilcar” in the name of Aspöck Systems GmbH, withdrawing its provisional refusal decision and terminating a lengthy 4-year appeal process. This is a great victory for our client, Aspöck Systems GmbH, an Austrian company that specializes in developing and manufacturing lighting systems for vehicles, founded in September 1977....

14 November

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Second Medical Use Patents: Promoting Development or Hindering the Pharmaceutical Industry in Southeast Asia?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Download The pharmaceutical landscape in Southeast Asia is undergoing a dynamic shift, with second medical use claims emerging as a crucial battleground. These claims, which protect the use of a known medical substance or device for a new therapeutic application, are gaining traction, but not without controversy. KENFOX IP & Law Office provides you with the importance and contentious nature of second medical use claims in Southeast Asia, examining the varying approaches across the region. Second Medical Use Claims: What They Matter? Developing new drugs and therapies requires significant investment in research and development (R&D). Second medical use claims provide pharmaceutical companies with...

14 October

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Pharmaceutical Trademark Opposed in Vietnam: What Strategies for Successful Defense?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

In a recent trademark opposition case, our firm, KENFOX ip & Law Offfice, successfully defended AJANTA PHARMA LIMITED's pharmaceutical trademark "VILDAREL" against opposition from BIOFARMA, owner of the prior mark "VASTAREL" (IR No. 221430). The opposition, based on Article 74.2(e) of Vietnam's IP Law, alleged that "VILDAREL" was confusingly similar to "VASTAREL" and could potentially harm BIOFARMA's brand reputation....

01 October

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Copyright Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Vietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

26 September

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Patent Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Notable Articles, Patent

Vietnam does not have a separate patent law. Vietnam’s legal framework for patent protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone patent law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

23 September

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Industrial Design Law in Vietnam: A Comprehensive Overview

Posted by Quyen Nguyen

in Industrial Design, Notable Articles

Vietnam does not have a separate industrial design law. Vietnam’s legal framework for industrial design protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone industrial design law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Posted by Quyen Nguyen

in Notable Articles, Trademark

Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law....

22 August

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Manufacturing for Export Only: Does it Constitute Trademark Infringement? – Rulings from China and Practices in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market. Whether...