03 March

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Why Trademark Opposition is a Must in Vietnam?

Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection....

11 February

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Posted by Vu Thu Uyen

in Copyright, Notable Articles

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a “carte blanche” to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists....

10 February

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

Posted by KENFOX IP

in Copyright, Notable Articles

A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in...

06 December

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Invalidation of a European Patent: How can it impact your patents in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Many businesses worry that the invalidation of a European patent will automatically lead to the loss of protection in Vietnam. Can a decision to invalidate a patent in Europe truly “cross borders” and affect your patent in Vietnam? KENFOX IP & Law Office provides detailed guidance on the relationship between patent invalidation in Europe and its impact on patents in Vietnam....

27 November

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“Fabrilcar” vs. “FABRICA” and “FABRICAIR”: How to successfully appeal a trademark refusal in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Vietnam – On 16/10/2024, the IP Offfice of Vietnam (“IP VIETNAM“) issued a Decision on acceptance of IR No. 1470915 for the mark “Fabrilcar” in the name of Aspöck Systems GmbH, withdrawing its provisional refusal decision and terminating a lengthy 4-year appeal process. This is a great victory for our client, Aspöck Systems GmbH, an Austrian company that specializes in developing and manufacturing lighting systems for vehicles, founded in September 1977....

14 November

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Second Medical Use Patents: Promoting Development or Hindering the Pharmaceutical Industry in Southeast Asia?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Download The pharmaceutical landscape in Southeast Asia is undergoing a dynamic shift, with second medical use claims emerging as a crucial battleground. These claims, which protect the use of a known medical substance or device for a new therapeutic application, are gaining traction, but not without controversy. KENFOX IP & Law Office provides you with the importance and contentious nature of second medical use claims in Southeast Asia, examining the varying approaches across the region. Second Medical Use Claims: What They Matter? Developing new drugs and therapies requires significant investment in research and development (R&D). Second medical use claims provide pharmaceutical companies with...

01 October

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Copyright Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Vietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

26 September

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Patent Law in Vietnam: A Comprehensive Overview

Posted by Vu Thu Uyen

in Notable Articles, Patent

Vietnam does not have a separate patent law. Vietnam’s legal framework for patent protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone patent law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

23 September

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Industrial Design Law in Vietnam: A Comprehensive Overview

Posted by Quyen Nguyen

in Industrial Design, Notable Articles

Vietnam does not have a separate industrial design law. Vietnam’s legal framework for industrial design protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone industrial design law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

22 August

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Manufacturing for Export Only: Does it Constitute Trademark Infringement? – Rulings from China and Practices in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market. Whether...