KENFOX IP & Law Office > Our Practice  > Vietnam (Page 10)

Opposing an Application Mark without prior rights in Vietnam, is it possible?

You became aware that a third party had applied to register a mark in Vietnam which is strikingly similar to yours. Although you lack prior intellectual property rights in Vietnam, you wish to prevent such a similar mark from maturing into registration and would like to know whether a Notice of Opposition can be filed in this situation. The question on the availability of the right to oppose the registration of an Application Mark is critical for IPR holders, particularly those seeking to file a trademark opposition but lacking prior rights. The answer is yes, but only where appropriate. ...

Continue reading

The Hague System: How it Can Benefit Industrial Design Registration

In the current competitive business environment, the outer appearance or design of a product is considered a great advantage which the Owners, from creators to businesses, can take. In view of what the Hague System may benefit the Owners, the international registration of industrial designs is the important step to be initiated by the Owners to protect their commercial interests overseas, and it also constitutes an indispensable part of any global business strategy. Therefore, it is highly advisable that the Owners take prompt action to seek, by way of the Hague System, global protection of their industrial designs, which we...

Continue reading

How to avoid losing trademark rights due to non-use in Vietnam

Trademarks are an integral part of a business’s identity and are a critical way for consumers to locate the goods or services that they seek. Among intellectual property rights, trademarks can be the most valuable asset a company owns because, for example, they are an effective communication tool to convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services; they make it easy for customers to find you, they allow you to effectively utilize the Internet and social media.  Your brand is the first thing customers enter into a search engine or...

Continue reading

Quyền tác giả – vũ khí công hiệu trong ngăn chặn xâm phạm nhãn hiệu và kiểu dáng công nghiệp tại Việt Nam

Trong nhiều trường hợp, một logo có thể đáp ứng tiêu chuẩn để được bảo hộ dưới dạng Nhãn hiệu và/hoặc Quyền tác giả, trong khi đó, một bao bì sản phẩm có thể cùng lúc đáp ứng tiêu chuẩn để được đồng thời bảo hộ dưới cả 3 đối tượng Sở hữu Trí tuệ (SHTT): Nhãn hiệu, Kiểu Dáng Công Nghiệp (KDCN) và Quyền tác giả. Nhiều chủ thể quyền lựa chọn đăng ký Nhãn hiệu và KDCN vì cho rằng thực thi chống xâm phạm dựa trên quyền Nhãn hiệu và KDCN sẽ mạnh hơn và hiệu quả...

Continue reading

Difference between Copyright and Industrial Design Right

Under the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, trade marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition....

Continue reading

Industrial Design Or Copyright Protection, Which You May Be Unaware Of?

In a recent court decision, a High People's Court affirmed the decision made by a lower-level court, in INTERLEGO AG v. Tianjin COKO Toy Co., Ltd. regarding copyright infringement of the Lego bricks. In its landmark decision, the high court confirmed industrial designs' dual protection under patent and copyright law as works of applied art....

Continue reading

6 benefits of registering a work for copyright protection in Vietnam – Why should a work be registered with Copyright Office of Vietnam?

In conformity with Berne Convention, the IP Law of Vietnam also provides, under Article 6.1, that “Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered”. The aforesaid legislation means that copyright registration is not a pre-requisite for entitlement of copyright protection and proceeding with legal actions. A work is automatically protected in Vietnam without having to register it with Vietnamese competent authority....

Continue reading