08 August

Sticky

EXPORTING MEDICAL DEVICES INTO 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...

05 May

0 Comments

Sticky

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

0 Comments

Sticky

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

Posted by Quyen Nguyen

in IP Practice, Notable Articles, Related Matters in Vietnam, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download To enforce rights over an industrial design, trademark, or patent in Vietnam, IPR holders must prove that there is an “infringing element” - specifically, whether the alleged infringer’s conduct is likely to cause consumer confusion regarding the origin of the goods or services. Given the technical nature of such assessments, Vietnamese enforcement authorities and IPR holders frequently rely on expert opinions issued by the National Institute of Intellectual Property (NIIP), formerly known as the Vietnam Intellectual Property Research Institute (VIPRI). These expert opinions serve as pivotal evidence in both administrative and judicial proceedings. Although non-binding, they carry substantial weight in...

06 February

0 Comments

Sticky

Police Agencies

Posted by KENFOX IP

in Related Matters in Vietnam

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

0 Comments

Sticky

Customs Authorities

Posted by KENFOX IP

in Related Matters in Vietnam

06 February

0 Comments

Sticky

The Market Management Bureau

Posted by KENFOX IP

in Related Matters in Vietnam

06 February

0 Comments

Sticky

The Inspectorate of Culture, Sport and Tourism

Posted by KENFOX IP

in Related Matters in Vietnam

06 February

0 Comments

Sticky

The Inspectorate of Information and Communications

Posted by KENFOX IP

in Related Matters in Vietnam

06 February

0 Comments

Sticky

The Inspectorate of Science and Technology

Posted by KENFOX IP

in Related Matters in Vietnam

24 November

0 Comments

Sticky

How to overcome Vietnam’s refusal of allegedly descriptive trademarks?

Posted by Quyen Nguyen

Numerous trademark applications in Vietnam are denied for the following reasons: The trademarks do not meet the protection requirement since they are regarded as descriptive of the goods/services in question. Trademarks that include only signs used in commerce to indicate the type, quality, quantity, intended use, value, place of origin, of the goods, or the time of manufacture, or signs that have become customary in Vietnam, are considered descriptive of certain properties or characteristics of the intended goods/services, and thus cannot perform the function of trademarks and are not protected....