The Secret Behind the Assessment Conclusion of VIPRI: 5 Questions That Cannot Be Ignored

in Notable Articles, Related Matters in Vietnam

Download While not legally binding, the assessment conclusions from the Vietnam Intellectual Property Research Institute (VIPRI) can profoundly influence the initial perspectives of Vietnamese enforcement authorities, particularly in regions where officers might not have extensive experience with intellectual property rights (IPR). KENFOX IP & Law Office offers in-depth answers to five crucial questions about VIPRI's assessment conclusions. This guidance aims to deepen IPR holders' understanding and assist them in developing successful strategies to effectively protect and enforce their rights amidst the increasingly complex landscape of IPR infringement in Vietnam. 1. Obtaining a favorable VIPRI’s Assessment Conclusion: What strategic approach? IPR holders or the...

24 April

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Do You Really Understand The VIPRI Opinion On Enforcing IP Rights In Vietnam?

Posted by Ly Dinh

in Notable Articles, Related Matters in Vietnam

Download 1. Assessment of Industrial Property in Vietnam: What is it? Intellectual property assessment is a specialized service that provides expert opinions on issues related to intellectual property rights (IP), including the valuation of IP assets and the estimation of damages resulting from IPR violations. In Vietnam, intellectual property assessment is typically carried out at the request of one or both parties to an IPR dispute or at the discretion of the Vietnamese IPR enforcement agencies in order to resolve alleged IPR infringements. The professional responsible for this assessment is called an assessor or assessment expert. Assessors are required to have qualifications...

08 August

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EXPORTING MEDICAL DEVICES INTO VIETNAM

Posted by KENFOX IP

in Related Matters in Vietnam

Download 1. Overview Medical equipment is specified in Article 2, Decree 98/2021/ND-CP, as follows: 1.“medical device” means any instrument, implant, apparatus, material, in-vitro reagent or calibrator, or software that meets all of the following requirements: a) The device is intended by the product owner to be used, whether separately or in combination with each other, for human beings for one or more of the following purposes: - diagnosis, prevention, monitoring, treatment or alleviation of disease, or compensation for an injury or trauma; - investigation, replacement, modification or support of the anatomy or of a physiological process; - supporting or sustaining life; - control of conception, - disinfection of medical devices; - providing information serving diagnosis, monitoring...

05 May

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Handling IPR infringement under criminal route in Vietnam: Key takeaways

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Related Matters in Vietnam

Download Counterfeiting is one of the most lucrative and expansive illicit industries in the world. Counterfeiters are becoming more sophisticated in their methods and practices, as well as in their use of counterfeiting technology to produce counterfeit products that are easier to pass off as genuine products to Vietnamese consumers. In Vietnam, criminal sanctions are available for counterfeiting offenses, including those related to intellectual property rights (IPR) infringements. However, in practice, these sanctions are rarely imposed. Nevertheless, a recent criminal case involving counterfeit goods is an applaudable effort by Vietnamese enforcement authorities to impose deterrence effects in curbing IPR infringement. Facts: On...

08 March

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Protecting your IPR in Vietnam – A Guide to VIPRI’s Services and Expertise

Posted by Ly Dinh

in Related Matters in Vietnam

Download 1. What services does Vietnam Intellectual Property Research Institute offer? The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. IPR holders who suspect that their IP rights have been violated may request VIPRI to provide assessments or expert opinions on the scope of protection of their IP rights, assess similarity, determine infringing elements, and determine damages. However, at present, VIPRI's services are...

06 February

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Police Agencies

Posted by KENFOX IP

in Related Matters in Vietnam

If you're thinking of enforcing against an infringement of your intellectual property rights in Vietnam under administrative proceedings, a thorough understanding of functions, tasks, and capacities of a law enforcement authority in Vietnam will enable you to choose an authority that is competent to handle IPR infringement, to avoid unexpected delays and to maximise the authority’s strength in subsequent enforcement actions....

06 February

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