22 October

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“Similar” product packaging: How to handle unfair competition and copyright legislation in Vietnam?

in Notable Articles, Related Matters in Vietnam, Vietnam

Download [vc_row triangle_shape="no"][vc_column][vc_column_text] Vietnam’s consumer goods market is booming, and this growth attracts copycats. Many Chinese brands investing in Vietnam discover that soon after their products hit store shelves, competitors launch look‑alike packaging. Such imitation not only dilutes brand value but can also mislead consumers and divert sales. KENFOX IP & Law Office provides analysis on how Vietnamese unfair‑competition and copyright law can be used to fight look‑alike packaging, highlights real‑world cases, and offers practical guidance for Chinese multinational enterprises planning to sell in Vietnam. Why packaging matters - and why it is copied Product packaging is more than decoration - it signals the origin...

14 August

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From China to Vietnam: Refurbished Goods – 4 Key Points and 4 Typical Cases Businesses Need to Know

Posted by Vu Thu Uyen

in Notable Articles, Related Matters in Vietnam, Vietnam

Opening the market for refurbished goods from other member countries is Vietnam's commitment when participating in new-generation free trade agreements with high standards and covering many areas such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between Vietnam and the European Union (EVFTA), or the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA)....

02 August

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When New Facts Will Be Accepted for an IP Appeal in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Related Matters in Vietnam, Vietnam

Protecting intellectual property (IP) rights in Vietnam can be fraught with challenges, particularly when faced with unfavorable decisions issued by the IP Office of Vietnam (IPVN). One such hurdle lies in the complex and evolving landscape of "new facts" in IP appeal proceedings. What constitutes a "new fact"? When can it be introduced? And how does this impact the outcome of an appeal? These questions have perplexed IP rights holders and practitioners alike. As Vietnam's IP landscape evolves, so too do the rules governing "new facts", creating both opportunities and challenges for those seeking to protect their intellectual assets....

26 July

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How Vietnam’s Decree 85/2021 is Reshaping the E-commerce Industry?

Posted by Vu Thu Uyen

in News, Related Matters in Vietnam

Vietnam’s e-commerce sector has witnessed explosive growth in recent years, surpassing expectations with remarkable momentum. This has unlocked a vast and promising market for foreign businesses, presenting an opportunity to reach millions of Vietnamese consumers and penetrate new market segments...

19 July

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From China to Vietnam: Unfair competition – What key takesways for businesses?

Posted by Quyen Nguyen

in Notable Articles, Related Matters in Vietnam

Intense competition in the current business environment is driving many companies to resort to illegal and unethical tactics to profit, such as "riding on the coattails" of famous brands (capitalizing on the reputation of famous brands) or "borrowing the name" of others to sell their products. What will happen if such actions are not addressed? Will any company dare to invest in research and development when their achievements can be easily stolen? And what responsibilities do online platforms have in protecting intellectual property (“IP”) rights on their platforms?...

18 July

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From China to Vietnam: Trade Secrets Stolen – What Businesses Need to Know?

Posted by Vu Thu Uyen

in Notable Articles, Related Matters in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download What would you do if your hard-earned trade secrets were suddenly stolen by your most trusted employees? Trade secret is a powerful weapon that helps businesses establish a competitive edge and achieve success. However, the threat of trade secret theft is always lurking, posing a danger to the survival of any business. Misappropriation of trade secrets not only causes financial damage to the company but also undermines its reputation, erodes customer trust, and negatively impacts the market. In a recent ruling, the Wuhan People's Court has issued its verdict in a trade secret misappropriation case involving Dou Moumou and Li...

24 April

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The Secret Behind the Assessment Conclusion of VIPRI: 5 Questions That Cannot Be Ignored

Posted by Quyen Nguyen

in Notable Articles, Related Matters in Vietnam

Download While not legally binding, the assessment conclusions from the Vietnam Intellectual Property Research Institute (VIPRI) can profoundly influence the initial perspectives of Vietnamese enforcement authorities, particularly in regions where officers might not have extensive experience with intellectual property rights (IPR). KENFOX IP & Law Office offers in-depth answers to five crucial questions about VIPRI's assessment conclusions. This guidance aims to deepen IPR holders' understanding and assist them in developing successful strategies to effectively protect and enforce their rights amidst the increasingly complex landscape of IPR infringement in Vietnam. 1. Obtaining a favorable VIPRI’s Assessment Conclusion: What strategic approach? IPR holders or the...

24 April

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Do You Really Understand The VIPRI Opinion On Enforcing IP Rights In Vietnam?

Posted by Quyen Nguyen

in Notable Articles, Related Matters in Vietnam

Download 1. Assessment of Industrial Property in Vietnam: What is it? Intellectual property assessment is a specialized service that provides expert opinions on issues related to intellectual property rights (IP), including the valuation of IP assets and the estimation of damages resulting from IPR violations. 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. The professional responsible for this assessment is called an assessor or assessment expert. Assessors are required to have qualifications...

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, Related Matters in Vietnam, 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...

08 August

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EXPORTING MEDICAL DEVICES INTO VIETNAM

Posted by KENFOX IP

in Related Matters in Vietnam

Download 1. Overview Medical equipment is specified in Article 2, Decree 98/2021/ND-CP, as follows: 1.“medical device” means any instrument, implant, apparatus, material, in-vitro reagent or calibrator, or software that meets all of the following requirements: a) The device is intended by the product owner to be used, whether separately or in combination with each other, for human beings for one or more of the following purposes: - diagnosis, prevention, monitoring, treatment or alleviation of disease, or compensation for an injury or trauma; - investigation, replacement, modification or support of the anatomy or of a physiological process; - supporting or sustaining life; - control of conception, - disinfection of medical devices; - providing information serving diagnosis, monitoring...