21 February

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Whether a GI can be protected under an International IP Agreement?

Vietnam entered two significant international trade deals in 2018-2019 that require, among other things, a higher standard of intellectual property protection in Vietnam. The first is the Comprehensive and Progressive Trans-Pacific Partnership Agreement ("CPTPP"), which was signed in March 2018 and took effect on 14 January 2019. The second is the EU-Vietnam Free Trade Agreement ("EVFTA"), which was signed in June 2019 and entered into force on 1 August 2020. EVFTA is a free trade agreement between the EU and Vietnam. The EVFTA is one of the most comprehensive and ambitious free trade agreements that the EU has ever signed with...

21 February

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What are the main reasons for refusal of registration of a GI in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

There are several reasons why a geographical indication (GI) application may be refused registration in Vietnam. Here are some of the main reasons: (i) Conflict with prior rights: The product may conflict with prior rights, such as trademarks or other GIs, that are already registered or pending registration in Vietnam. (ii) Lack of distinctiveness: The product does not have distinctive qualities or characteristics that can be attributed to its geographical origin. (iii) Lack of evidence: The application does not provide sufficient evidence of the link between the product and the geographical area, or of the product's reputation and recognition in the marketplace. (iv) Generic...

21 February

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How is a GI application examined in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

The examination of a GI application in Vietnam is carried out by IP VIETNAM, which is responsible for administering GI protection in Vietnam. Here is an overview of the GI examination process in Vietnam: A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam. Formality examination: Timeline: 01 months from the filing date. It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination,...

21 February

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What are the most important notes about GI registration in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

1. Each GI application may register only one GI used for one product [1]; 2. Requirements for “description of peculiar characteristics” [2] A description of peculiar characteristics of the product must contain the following principal information: (i) Enumeration of the given nature/quality of the product bearing the GI dictated by geographical conditions - by means of sense, qualitative and quantitative indicators to physical, chemical and biological properties, which can be tested by technical devices or experts using a specified testing method; and/or (ii) Reputation of the product bearing the GI dictated by geographical conditions - determined through the widespread knowledge of interested consumers about...

21 February

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How to register a geographical indication in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Download Overview: Geographical indications (GIs) are categorized as a type of industrial property right in Vietnam and protection of GIs are regulated under the Law on Intellectual Property. A GI identifies a product as originating from a specific geographical location and possessing unique qualities or characteristics that are attributable to that location. GI protection can help build confidence among customers by providing assurance of the product's authenticity and quality, as well as its cultural and traditional value. For producers, GI protection can enhance the reputation of their products and increase their market value, as customers are willing to pay a premium for products...

06 February

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Why should figurative marks and product labels be registered as copyright in Vietnam?

Posted by Ly Dinh

in Copyright, Vietnam

Surprise, shock, bewilderment, anxiety, pessimism and a scenario that all doors are closed is a common state/feeling that many foreign trademark owners fall into when they discover that their trademarks, even their product packagings have been filed for trademark or industrial design registration by a third party in Vietnam. Other holders are desperate that the risk of business strategy in Vietnam will be broken down/jeopardized when they detect that their trademarks and/or their product labels being copied in their entireties, or only some minor changes thereof are made by the third parties for the purpose of business exploitation....

31 January

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Use your registered trademark in Vietnam or you will lose it

Posted by Ly Dinh

in Trademark in Vietnam

Obtaining a trademark registration does not mean a guarantee for the maintenance of the trademark validity, because the trademark holders are obliged to use their registered trademarks in commerce and renew the validity before it expires. The purpose of this regulation is to allow the removal of marks that exist on the trademark register but are not in genuine use and/or to block the phenomenon of trademark squatting which unreasonably prevent similar marks from entering the market. This mechanism helps to reduce the number of trademark disputes and reduce registrations acquired only for the purpose of unfair competition and trademark...

12 January

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Restoration of priority rights for patent applications in Vietnam – What you need to know

Posted by Ly Dinh

in Patent, Vietnam

Download A Chinese patent with 12 months priority deadline passed, but the patent applicant still wants to patent his invention in Vietnam. Is it possible to request for a restoration of priority right in the international patent application and then enter into Vietnam under PCT route? 1. What is the “priority date” of a patent application? Paris Convention for the Protection of Industrial Property (Paris Convention) is an international treaty that provides, among other advantages, a right of priority among patent applications. Under the Paris Convention, on the basis of a regular first application filed in one of the member states, the applicant may, within a...

12 January

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5 questions to assess whether your product infringes patents in Vietnam

Posted by Ly Dinh

in Patent, Viet Nam

Download You are a patent holder who suspects that a competitor's product is being manufactured in violation of your patent rights. In a different context, you wish to bring a product to market but are unsure whether it infringes on a protected patent in Vietnam. Of course, regardless of what context, whether you are a patent owner or a manufacturer of an unpatented product, the simplest way to determine patent infringement is to file a patent infringement assessment with the Vietnam Intellectual Property Research Institute (or "VIPRI" for short). However, this assessment will cost a considerable amount of money, so it...