30 May

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Chinese Character Trademarks: Still Protected or Outdated?

This question is attracting the attention of many businesses and individuals using trademarks containing Chinese characters in Vietnam. Before 2005, trademarks consisting solely of Chinese characters were considered inherently distinctive and were granted protection if they met the required standards and conditions. The protection of trademarks containing only Chinese characters was in accordance with the provisions of the Industrial Property (IP) law in effect from 1982 to 2005....

21 May

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What To Do if Your Trademark has been Stolen in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The “first to file” principle has been abused by bad faith trademark applicants as a sophisticated tool for “trademark squatting” and “misappropriation of trademark rights” from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor’s trademark, the trademark speculator has used that same trademark as a “weapon” to initiate legal actions and request Vietnamese enforcement authorities...

21 May

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Handling intellectual property rights infringement in Vietnam: Which measures are effective?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Protecting intellectual property rights (IPR) involves the use of legal measures by state agencies and IPR holders to protect the ownership of their IP objects, prevent any infringement to ensure the integrity of these assets. Protecting IPRs entails not only preventing actual acts of infringement but also addressing and resolving infringements in order to cease the infringement and seek compensation for damages incurred....

10 May

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Stream-Ripping: Vietnam and the Battle Against Online Content Piracy

Posted by Ly Dinh

in Copyright, Notable Articles

Did you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...

10 May

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PaaS: Piracy as a Service

Posted by Ly Dinh

in Copyright

"PaaS" stands for "Piracy as a Service." This is a play on the more common term "Platform as a Service" in the technology industry, which refers to providing a platform allowing customers to develop, run, and manage applications without the complexity of building and maintaining the infrastructure typically associated with developing and launching an app. "Piracy as a Service" refers to services or platforms that facilitate or enable piracy by providing the necessary infrastructure, technology, and often a vast library of unauthorized digital content like movies, TV shows, or software. These platforms make it easy for other websites or end users...

10 May

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Safe habors

Posted by Ly Dinh

in Copyright

In the context of copyright law, "safe harbors" refer to legal provisions that provide immunity or protection to Internet Service Providers (ISPs) and other online intermediaries from liability for the copyright infringement activities of their users, as long as the intermediaries meet certain specified conditions. These provisions are designed to balance the rights of copyright holders with the practicalities of online service operation, enabling the digital economy to flourish while also protecting intellectual property rights. To qualify for safe harbor protection, ISPs and other intermediaries generally must: [1] Not have actual knowledge of the infringing activity or, in cases where they do...

10 May

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Geoblocking – What It Is and Why it Matters

Posted by Ly Dinh

in Copyright

Geoblocking is the practice of restricting access to internet content based on a user’s geographical location. This is typically achieved by using technology to determine the user’s IP address, which identifies the country or region from which they are accessing the internet. With this information, content providers can then either allow or deny access to specific content....

10 May

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Exploring Pre-Release Leaks: What They Are and Why They Matter

Posted by Ly Dinh

in Copyright

The term "pre-release leaks" refers to unauthorized releases of music or other media before the official release date set by the publisher or artist. These leaks can occur through various channels and often involve digital files being made available online without permission. This allows consumers to access and distribute new music before it is officially released, often harming sales and disrupting marketing plans. Pre-release leaks are considered a serious issue within the music and entertainment industries, as they undermine the controlled release strategies meant to maximize media exposure and revenue....

08 May

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Evergreening Strategy: Extending Patent Protection, Innovation or Obstruction?

Posted by Vu Thu Uyen

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...