25 February

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Time-limit for responding to Office Action concerning IP applications in Vietnam

Registration application: Under Vietnam IP Law, the time period from application to registration for a straightforward application is 12 months. Response toward OA: For a Notice of Formality Deficiencies/Shortcomings: The IP Vietnam issues a Notice of Formality Deficiencies/Shortcomings, requiring the applicant to file a response within 02 months from the date of the Notice. If the response is satisfactory, a Notice of Formality Acceptance must be issued within 02 month after the filing date of the response (See Point 13.8b, Circular No. 01/2007/TT-BKHCN, as revised).  For a Notice of a third party’s opposition: The IP Vietnam issues a Notice of a third...

26 January

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Trademark Examination Principles newly adopted by IP Office of Vietnam as of December 2020

Posted by KENFOX IP

To be more compatible with the recent signed trade pacts, including European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), and most recently the Regional Comprehensive Economic Partnership (“RCEP”) and the UK Vietnam Free Trade Agreement (“UKVFTA”), some new critical trademark examination principles/practices have been introduced/adopted by the IP Office of Vietnam (“IP Vietnam”). KENFOX IP & LAW OFFICE provides below several important takeaways....

28 September

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Differentiating “assignment” and “licensing”of industrial property rights in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Transfer of industrial property rights in Vietnam comprises 02 forms: (1) Assignment of industrial property rights and; (2) Licensing of industrial property rights. How to differentiate the assignment and licensing of industrial property rights as statutorily provided in Vietnam? You may find the key differences between these two types of transfer of industrial property rights in the below table....

24 September

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Withdrawing an already claimed invalidation action in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Withdrawing an invalidation request which has been filed with the Intellectual Property Office of Vietnam (“IP Vietnam”) is not expressly provided for in the Law on Intellectual Property of Vietnam 2005, revised in 2009 and 2019 (“Vietnam IP Law”) and its by-laws. As a matter of practice, the IP Vietnam has accepted withdrawal of invalidation requests, provided that (i) the withdrawal authority is explicitly formed in the Power of Attorney and (ii) the requester of invalidation action has rendered reasons for such withdrawal. Therefore, a request for invalidation action already filed with the IP Vietnam can be withdrawn. The Vietnam IP...

23 June

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Doha Declaration and Applicability of Compulsory Licensing

Posted by KENFOX IP

in Related Matters in Vietnam

The Doha Declaration on the TRIPS Agreement and Public Health (the “Doha Declaration”), which was ratified by the WTO Ministerial Conference in Doha on 14 November 2001, generally does not change the principles of TRIPS Agreement. ...

19 June

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Understanding of Regulations on Compulsory Licensing

Posted by KENFOX IP

in Related Matters in Vietnam

Compulsory licensing is provided in various legal documents, such as the Paris Convention for the Protection of Industrial Property (the “Paris Convention”), the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), or the Intellectual Property Law of Vietnam (the “IP Law”)....

16 June

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Provision of evidence and burden of proof at court

Posted by KENFOX IP

in Related Matters in Vietnam

Provision of evidence and burden of proof are considered as one of the basic principles in civil procedures. The involved parties have the right and obligation to provide evidence and prove to protect their rights and interests as well as to provide the Court with sufficient evidence to resolve civil cases objectively, accurately and lawfully....

11 June

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What Should Be Aware About The Liabilities of Internet Service Providers To Deal With IP Infringement in Vietnam?

Posted by KENFOX IP

in Related Matters in Vietnam

The specific rules of the internet stipulate that if the IP-protected material is uploaded without the consent of the right holder, the ISP can request, in writing, the removal of the infringing work from the ISP or removal from the network and disableness of access to the copyrighted material from the respective website. This form of written alert is called a "take-down notice". The general rule is that if the ISP removes the infringing content following a “take-down notice”, it will not be held liable for any further compensation. For a successful take down action, you will need to provide...

10 June

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Trademark basics in Vietnam, what should you know?

Posted by KENFOX IP

in Related Matters in Vietnam

1. We have registered our trademark in some ASEAN countries, is it valid in Vietnam? Do we need to register our trademark in Vietnam? Your trademark registration in some ASEAN countries does not provide protection in Vietnam. Generally, trademarks are territorial in nature, which means that a trademark registration in one or several countries are not automatically protected and enforceable in another, and therefore registrations in multiple countries may be necessary....

09 June

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What Should Be Included In A Contract To Protect IP Rights in Vietnam?

Posted by KENFOX IP

in Related Matters in Vietnam

The competitive advantage of an entity partially depends on its ability to protect its valuable proprietary information. You may have patentable designs, inventions or trade secrets giving your business a competitive advantage. In cases where you need to employ a freelancer, you may wonder how you can protect IPR from content generated by their work for you, and how you can protect/secure access to your company's patents, patents, and other proprietary information. Generally, when working with employees or a potential business partner, two following important points should be brought into consideration: (i) always use written contracts whenever possible and ensure...