03 April

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Should you abandon a trademark application temporarily refused registration in Vietnam?

Not a few trademark applications in Vietnam, whether directly submitted to the Intellectual Property Office of Vietnam (IP VIETNAM) or designated through the Madrid system, are temporarily refused for registration. The situation will be more challenging and daunting in case such a temporarily refused trademark has been commercialized in Vietnam for several years. The temporary refusal of their trademark application raises a critical and complex question: whether to continue the pursuit of registration or to consider abandoning the application?...

02 April

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Proving Originality Of An Applied-Art Work Or A Logo: Why Is It Challenging and What To Do?

Posted by Ly Dinh

in Copyright, Notable Articles, Vietnam

When opposing or requesting the invalidation of a third party's trademark registration on the grounds that the trademark is a copy or contains a copy of a work protected by rights under Article 73.7 of the Intellectual Property Law (IP Law), or requesting administrative handling copyright infringement, you may face a counter-statement that your logo lacks “originality” - one critical requirement to enable your logo to qualify copyright protection. Such claims can include arguments that your logo is composed of common, generic, or widely used elements that do not meet the threshold of originality – it lacks distinctiveness, meaning it...

19 March

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How to Report Trademark Infringement to Shopee E-commerce Website in Vietnam?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download Shopee, Lazada, and other e-commerce website operators in Vietnam are proactively working to protect intellectual property rights and create a safer e-commerce environment for consumers and brand owners. Shopee, in its efforts, has effectively blocked over 33 million listings flagged for potential intellectual property infringements and escalated the suspension of seller accounts for IP violations by 140%. Last year, our firm, KENFOX, acting on behalf of a copyright owner in Vietnam, submitted a takedown notice to Lazada. Consequently, nearly 2,000 listings from an account selling Foellie inner perfume, a Korean brand, aimed at Vietnamese consumers, were taken down upon our...

18 March

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Fighting the Fakes: 8 common tricks employed by online sellers in Vietnam

Posted by Vu Thu Uyen

in IP Practice, News, Vietnam

Download Online e-commerce platforms have revolutionized the way we shop, offering convenience and a broader selection of goods. However, this digital transformation has also brought significant challenges for Intellectual Property Rights (IPR) holders who aim to control the proliferation of counterfeit products. Online sellers of fraudulent goods employ a very wide range of deception tricks in their online stores to outsmart the consumers, so as to maximize their ill-gotten gain. At KENFOX, our attorneys have joined forces with Vietnamese enforcement authorities to tackle these unethical practices head-on. Through collaboration with Vietnamese enforcement authorities, our attorneys from KENFOX have dealt with various...

07 March

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Temporary Residence Card in Vietnam – What You Need To Know

Posted by Vu Thu Uyen

in Investment and Enterprise, Legal Practice

Download The Temporary Residence Card (TRC) in Vietnam is a document issued by the immigration authority or a competent authority of the Ministry of Foreign Affairs. It is granted to foreigners who are allowed to reside in Vietnam for a certain period of time. Here are some key points about the TRC: 1. Temporary Residence Card (TRC) in Vietnam: What is it? The TRC serves as a long-term visa for foreigners staying in Vietnam. It allows foreign nationals to legally reside in the country for an extended duration, typically ranging from 2 to 3 years. 2. What benefits can a TRC in Vietnam bring...

01 February

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Law vs. Reality: The Hurdles of Pursuing Damages in Vietnamese Copyright Infringement Cases

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download The transfer price of intellectual property (IP) rights is one of the legal bases specified in Article 205.1(b) of the Vietnam IP Law to determine compensation claims in IP disputes. However, in a recent notable IP infringement case, both levels of court - first instance and appellate court - simultaneously rejected a claim for compensation based on the "transfer price" of IP rights. The case not only sparked endless debates about the complexity of the legal process, but also highlighted a significant challenge in determining the basis and method for Courts to assess and award compensation in IP disputes. Why is...

01 February

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How Does Vietnam’s IP Law Need To Provide For AI Generated Works?

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from...

03 January

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Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...

18 December

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Posted by Ly Dinh

in Copyright, Notable Articles

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

07 December

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Posted by Ly Dinh

in Notable Articles, Trademark

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...