08 May

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Evergreening Strategy: Extending Patent Protection, Innovation or Obstruction?

in Notable Articles, Patent/Utility Solutions, Vietnam

“Evergreening” in the context of intellectual property (IP), especially in the field of patents, refers to a strategy that companies often use to prolong their commercial exclusivity. This strategy is particularly common in the pharmaceutical industry, where companies secure patents for minor modifications, improvements, or new applications of existing products. Often, these patents are based not on entirely new technical solutions but rather on minor changes to previously protected products or processes. The purpose of these modifications is to extend patent exclusivity without the necessity to create a completely new product....

07 May

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5 Legal Secrets to Effectively Protect Utility Solutions That You Need to Know

Posted by Vu Thu Uyen

in Notable Articles, Patent/Utility Solutions, Vietnam

Download Do you have a breakthrough idea or new technical solution in Vietnam and want to protect it without being encumbered by the strict requirements of conventional patent protection? Consider registering for protection in the form of “Utility Solutions”, which may be the ideal solution to protect your intellectual property (IP) rights. Registering technical innovations and improvements (solutions) for protection in the form of utility solutions offers a simple and quick method to safeguard intellectual property rights, without necessitating "inventiveness" - a prerequisite for patent protection. This distinction renders utility solutions an appealing option, particularly suitable for technical solutions that may not...

06 May

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Registering a Trademark in Bad Faith in Vietnam: How to Prove the Applicant’s Intentions and Motives

Posted by Ly Dinh

in Notable Articles, Trademark

To prove that a trademark application was filed in “bad faith”, it must be shown not only that the applicant “knew” or “had a basis to know” about the mark of the legitimate trademark owner but also that the applicant had a specific intention or motive behind the registration. As per Article 34.2(b) of Circular 23/2023/TT-BKHCN, this second condition focuses on the motives and intentions of the applicant. What actions do these intentions and motives include? Is it easy to prove?...

06 May

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Bad Faith – The Secret to Proving Bad Faith and Regaining the Trademark in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark

The filing of a trademark application is generally considered to be automatically made in good faith and creates exclusive rights for the owner. However, if the filing is intended to deprive the genuine trademark owner of the benefits of their existing mark and cause confusion for consumers, it will break the goals and basic principles of the law on intellectual property rights protection. Such trademark filing with the motive described above is considered to be in 'bad faith”....

06 May

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How to Establish That the Applicant “Knew” or “Had a Basis to Know” in Cases of Trademark Registration in Bad Faith?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Proving that the trademark registration applicant “knew” or “had a basis to know” about the trademark of legitimate trademark owners under Article 34.2 of Circular 23/2023/TT-BKHCN is not simple. Vietnam’s Intellectual Property Law does not establish specific regulations on documents that need to be provided for proof purposes. However, on the basis that trademark disputes registered in “bad faith” have been handled, KENFOX IP & Law Office provides an overview of necessary documents and evidence to help legitimate trademark owners prove that the applicant “knew” or “had a basis to know” about that trademark before filing an application for registration...

06 May

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Taking Advantage of the Reputation of the Legitimate Trademark Owner: How to Prove?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Proving that a third party has exploited the reputation of a trademark owner is never simple. It demands a comprehensive approach to gather and utilize evidence in disputes over trademark rights, particularly in instances where trademarks are registered with malicious intent (bad faith). KENFOX IP & Law Office offers the following step-by-step guidance to assist legitimate trademark owners in demonstrating that their trademark’s reputation has been exploited....

02 May

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Filing Patent Infringement Lawsuits In Vietnam – What Businesses Stand To Learn?

Posted by Ly Dinh

in Notable Articles, Patent, Vietnam

Download At first glance, with a series of clear evidence such as the Assessment Conclusion of Vietnam Intellectual Property Research Institute (VIPRI) confirming patent infringement, the Inspection Conclusion of the Inspectorate of the Ministry of Science and Technology (IMOST) confirming the act of infringement, the products containing signs of patent infringement were also detained and recorded by IMOST, almost everyone would think that: The picture is clear as daylight, the infringement is obvious, undeniable, the defendant has no grounds to overturn the case. In such sense, it is best to accept defeat and conduct a negotiation with the patent holder to...

26 April

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The Drastic RP7 Anti-counterfeit Campaign: How to Effectively Handle Intellectual Property Rights Infringements in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download The production, trade, and distribution of counterfeit goods are becoming increasingly complex, occurring quite blatantly and openly. Those who produce and distribute counterfeit goods demonstrate audacity by violating intellectual property rights and disregarding the law. Rather than concealing their activities, they now operate with such confidence that they use simple and easily recognizable methods to transport fake products. 1. The widespread counterfeiting of RP7 branded products Case 1: Recently, on April 23, 2024, police in District 11 of Ho Chi Minh City temporarily detained Tr.H.Th. (born in 2001 and residing in Tan Binh district, Ho Chi Minh City) for his involvement in...

25 April

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Proving bad faith: What lessons to be learned to reclaim trademarks in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Reclaiming a trademark through opposition or invalidation procedures is never simple, especially when the rightful owner has not registered the trademark in their target market. Nevertheless, a Turkish company successfully regained its trademark in the European Union through invalidation proceedings, despite not holding any pre-existing trademark rights there. The company’s registration had been made in bad faith by a third party....

24 April

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

Posted by Vu Thu Uyen

in Case Studies, IP Practice, Notable Articles

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...