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KENFOX IP & Law Office > Related Matters in Vietnam (Page 2)
06 February
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The Inspectorate of Science and Technology

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....

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

Posted by Ly Dinh
in News, Related Matters in Vietnam, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 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. There are numerous trademarks that, at first look, appear...

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14 July
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Vietnamese People’s Court System and How it Works in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

Download The People's Courts are judicial organs exercising judicial power on behalf of the State. They are are responsible for safeguarding justice, human rights, citizenship rights, the socialist regime, interests of the State, legitimate rights and interests of organizations and individuals. The Vietnamese People's Court system is comprised of the following five types of courts: The Supreme People’s Court; The People’s High Courts (3 High Courts for the North, Centre and South of Vietnam); Provincial People’s Courts (63 Provincial Courts); District People’s Courts (710 District Courts); Military Courts (3 types). Understanding the Vietnamese People's Court system in depth will help you determine...

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13 July
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How to determine the jurisdiction of the court hearing IPR related cases in Vietnam?

Posted by KENFOX IP
in Related Matters in Vietnam

In recent years, a number of intellectual property (IP) related cases have been filed with Courts in Vietnam for hearing . However, it is not always easy to determine the jurisdiction of the court which is competent to hear a case. In order to protect your intellectual property rights, it is important to know where you can file a complaint....

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27 June
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Critical Changes To Vietnam’s Patents, Trademarks, And Industrial Designs Under Circular No. 16/2016/TT-BKHCN You Need To Know

Posted by KENFOX IP
in IP Practice, Our Practice, Related Matters in Vietnam, Vietnam

A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof....

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06 June
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REQUIREMENTS OF NEW PHARMA REGISTRATION DOSSIER IN VIETNAM

Posted by KENFOX IP
in Related Matters in Vietnam, Viet Nam

CPP according to WHO-format In case CPP doesn't mention that Manufacturer meets GMP-WHO, GMP-WHO certificate is required. If there are many manufacturers take part in the manufacturing process of finished product, GMP-WHO certificates of all manufacturers are required. CPP need to have: from 01/01/2022 with information: - Drug formulation: It is required to fully state the composition, concentration/content of each pharmaceutical substance, excipients. For soft capsules, hard capsules must have more information about the composition of the capsule shell. - Specification DP, DS, DS manufacturer's name and address - All manufacturers and role of each - Attachments need to certify...

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09 October
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Rules of evidence to win IP infringement cases in Vietnam

Posted by KENFOX IP
in IP Practice, Related Matters in Vietnam

“The involved parties seeking to prove that their claims are grounded and lawful bears the burden of presenting evidence before the Court” summarizes not only the general principle, but also the core of the burden of proof. Only in few cases does the court verify and collect evidence. Essentially, the burden of proof in an intellectual property infringement litigation rests on the rights holder/plaintiff. ...

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04 October
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Administrative sanctions on “mere-export manufacturing” – What should foreign investors and OEMs in Vietnam be aware of?

Posted by KENFOX IP
in IP Practice, Related Matters in Vietnam

New regulations on administrative liability for exports that violate IPRs In July 2021, the Ministry of Science and Technology published for public consultation a draft decree (“Draft Decree”) amending certain provisions in Decree No. 99/2013/ND-CP (“Decree 99”) on the sanctioning of administrative violations in industrial property, under which it was proposed to sanction the export of industrial property infringement or counterfeit goods....

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