30 June

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An Award of Nearly VND 5 Billion for Copyright Infringement in Vietnam: What Lessons to Be Learned?

Download The copyright infringement case involving a substantial amount of nearly 5 billion VND (approx. USD 218,000) has garnered significant public attention and caught the interest of intellectual property rights holders. The trial took place in August 2022 at the People's Court of Binh Duong province. In this case, the defendant was ordered to compensate a substantial amount of nearly 5 billion VND. The compensation stemmed from the defendant's unauthorized installation of design software by their employees, thereby infringing upon the plaintiff's copyright ownership. The first-instance judgment ruled in favor of the plaintiff, who was the rightful owner of the copyright....

12 June

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Co-owned Patent Disputes in Vietnam: What to Do?

Posted by Vu Thu Uyen

in Notable Articles, Patent, Vietnam

Download A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right...

07 June

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Provisional rights to patents and industrial designs in Vietnam – What you need to know?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Patent

Download Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well...

24 May

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How to cope with patent infringement allegations in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Our Practice, Patent

As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. ...

12 May

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How is Goods/Service Relatedness Significant for Trademark Registration in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

Download The nature of goods/services is one of two prerequisite factors (together with trademark itself) in determinging the registrability of an applied-for mark. Before applying for a trademark registration, it is important to consider the goods or services that the trademark will be used for. Through a practical trademark case that KENFOX IP & Law Office has successfully overcome the provisional refusal issued by the Intellectual Property Office of Vietnam (IP VIETNAM), this article will explore the concept of goods/services relatedness and its importance in the trademark registration process in Vietnam. The factors that determine whether two goods or services are...

26 April

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Trademark Registration in Vietnam: What You Need to Know

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Trademark in Vietnam

Download Registering a trademark in Vietnam is a crucial step for any business or individual seeking to protect their brand and prevent unauthorized use by others. However, the process of registering a trademark can be complex and involves various steps that must be carefully followed. In order to successfully register a trademark in Vietnam, it is important to understand the availability searches, required documents for filing, the trademark examiner's steps and practices, how to respond to an office action, and the current protection of unconventional trademarks such as sound and smell marks. Additionally, understanding the implications of disclaimers in the trademark...

05 April

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ASPEC Programme – an avenue to expedite patent granting in Vietnam and other ASEAN countries

Posted by Vu Thu Uyen

in IP Practice, Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. What is ASEAN Patent Examination Co-operation (ASPEC) programme? The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results. Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued...

29 March

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Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions

Posted by Ly Dinh

in IP Practice, Trademark

Download Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This...

29 March

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Patent invalidation in Vietnam: Key Considerations and Approaches

Posted by Ly Dinh

in Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows...