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KENFOX IP & Law Office > Our Practice  > Vietnam (Page 13)
16 May
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Evidence usable in IP right disputes

Posted by KENFOX IP
in Related Matters in Vietnam

Under the prevailing laws of Vietnam, the sources that may be used upon resolution of disputes over intellectual property rights comprise readable, audible and visible materials; exhibits, etc. Upon resolution of disputes over intellectual property rights, like other civil cases, the litigant who requests the Court to protect his/her lawful rights and interests shall present evidence to prove that such request is grounded and legal. The party who opposes the request of another person against himself/herself must prove that the opposition is grounded and must submit evidence to prove it (Article 91 of the Civil Procedure Code 2015)....

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15 May
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What’s important to note about the civil proceedings to resolve IP related disputes in Vietnam?

Posted by KENFOX IP
in Related Matters in Vietnam

Judicially, in Vietnam, two routes for reviewing a court's final judgment, namely, (i) in case such judgment can be shown to be based on a severe error of law, it can go through the process of cassation, where the judgment will be reviewed and possibly annulled due to the material error in the procedure and (ii) where, on the other hand, new evidence or facts are discovered that could have affected the outcome of the case....

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13 May
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VIPRI opinion for IPR enforcement in Vietnam. What important points you need to know?

Posted by KENFOX IP
in Related Matters in Vietnam

In general, "intellectual property assessment" is a term used to denote specialized services that provide expert opinions/expert witness on IPR related issues pertaining to IPR infringement, valuing IP rights and determining the value of damages caused by IPR infringement. 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. A professional performing assessment is called a assessor (assessment expert), who has qualification in conformity with each area of assessment, has been trained,...

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11 May
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Handling of trademark infringement found in an e-commerce website in Vietnam, some noteworthy points

Posted by KENFOX IP
in Related Matters in Vietnam

 As provided in Vietnam IP Law, subject to nature and severity of trademark infringement, those who commit acts of infringement of trademark rights of another entity or individual shall be tackled in line with (i) administrative route, (ii) civil route or (iii) criminal route. In the event of imports of counterfeit / infringing goods into Vietnam, the trademark owner should consider taking border control actions to track inbound shipments and seize counterfeit/infringing goods at Vietnam's border gates....

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08 May
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Court’s jurisdiction and litigant’s burden in IP right disputes

Posted by KENFOX IP
in Related Matters in Vietnam

Vietnamese laws provide for the jurisdiction of the People's Court in resolving intellectual property disputes, including: copyright, related rights and industrial property rights, and technology transfer between individuals, organizations. The settlement of this type of dispute is based on the principles, orders and procedures prescribed in the Civil Procedure Code....

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18 September
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Sanctions/Remedies against Copyright Infringement in Vietnam

Posted by KENFOX IP
in Copyright

Copyright infringement may be subject to administrative or criminal sanctions, depending on severity of the infringement. Further, the copyright owner may also take a court action to claim a compensation for damages caused by the copyright infringement. Below is a summary of sanctions/remedies under administrative, criminal or civil proceedings pertaining to copyright infringement in Vietnam....

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17 September
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Patent Infringement Assessment Principles in Vietnam

Posted by KENFOX IP
in Patent

Per Article 102.3, Vietnam IP Law, the essential technical features of a claim are determined based on the following principles: [The scope of protection of an invention shall be expressed in the form of a combination of technical features which are necessary and sufficient to identify the scope of the rights to such invention and should be compatible with the description of invention and attached drawings]. ...

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10 September
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IPR assessment against IPR infringement, expert opinions in IPR infringement in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

There have been 3 public organizations which provide expertise opinions/ IPR assessment conclusions (IPR analysis services) in Vietnam, namely, (i) Intellectual Property Office of Vietnam (“IP Vietnam”), (ii) Vietnam Intellectual Property Research Institute (“VIPRI”) and (iii) Expertise Center of Copyright, Related Rights (“ECCR”)....

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09 September
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Comparison between an invention and a utility solution

Posted by KENFOX IP
in Patent

Both an invention and a utility solution (also called “utility model” or “utility innovation” in some countries) are a technical solution per se which proves valuable in manufacture, business and life. Under the prevailing regulations of Vietnam, a utility solution is not recognised separately as an industrial property object but a special form of an invention...

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