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

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

Posted by Ly Dinh

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 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? Recently, the Haidian District People's Court in Beijing has issued a ruling...

18 July

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

Posted by Vu Thu Uyen

[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 Ly Dinh

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 Ly Dinh

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...

08 August

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EXPORTING MEDICAL DEVICES INTO VIETNAM

Posted by KENFOX IP

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...

05 May

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Handling IPR infringement under criminal route in Vietnam: Key takeaways

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Related Matters in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Counterfeiting is one of the most lucrative and expansive illicit industries in the world. Counterfeiters are becoming more sophisticated in their methods and practices, as well as in their use of counterfeiting technology to produce counterfeit products that are easier to pass off as genuine products to Vietnamese consumers. In Vietnam, criminal sanctions are available for counterfeiting offenses, including those related to intellectual property rights (IPR) infringements. However, in practice, these sanctions are rarely imposed. Nevertheless, a recent criminal case involving counterfeit goods is an applaudable effort by Vietnamese enforcement authorities to impose deterrence effects in curbing IPR infringement....

08 March

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Protecting your IPR in Vietnam – A Guide to VIPRI’s Services and Expertise

Posted by Ly Dinh

Download 1. What services does Vietnam Intellectual Property Research Institute offer? The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. IPR holders who suspect that their IP rights have been violated may request VIPRI to provide assessments or expert opinions on the scope of protection of their IP rights, assess similarity, determine infringing elements, and determine damages. However, at present, VIPRI's services are...

06 February

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Police Agencies

Posted by KENFOX IP

If you're thinking of enforcing against an infringement of your intellectual property rights in Vietnam under administrative proceedings, a thorough understanding of functions, tasks, and capacities of a law enforcement authority in Vietnam will enable you to choose an authority that is competent to handle IPR infringement, to avoid unexpected delays and to maximise the authority’s strength in subsequent enforcement actions....

06 February

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Customs Authorities

Posted by KENFOX IP