Flowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam
Flowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam ...
Continue readingFlowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam ...
Continue readingIn 2018, PIAGGIO & C. S.p.A. (“PIAGGIO”), the holder of Design Patent No. 20652 for protection of motorbike industrial design, filed a suit against a Vietnamese company named “DETECH Technology Development Supporting Joint Stock Company” (“DETECH”). ...
Continue readingRegistration application: Under Vietnam IP Law, the time period from application to registration for a straightforward application is 12 months. Response toward OA: For a Notice of Formality Deficiencies/Shortcomings: The IP Vietnam issues a Notice of Formality Deficiencies/Shortcomings, requiring the applicant to file a response within 02 months from the date of the Notice. If the response is satisfactory, a Notice of Formality Acceptance must be issued within 02 month after the filing date of the response (See Point 13.8b, Circular No. 01/2007/TT-BKHCN, as revised). For a Notice of a third party’s opposition: The IP Vietnam issues a Notice of a third...
Continue readingTo be more compatible with the recent signed trade pacts, including European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), and most recently the Regional Comprehensive Economic Partnership (“RCEP”) and the UK Vietnam Free Trade Agreement (“UKVFTA”), some new critical trademark examination principles/practices have been introduced/adopted by the IP Office of Vietnam (“IP Vietnam”). KENFOX IP & LAW OFFICE provides below several important takeaways....
Continue readingTransfer of industrial property rights in Vietnam comprises 02 forms: (1) Assignment of industrial property rights and; (2) Licensing of industrial property rights. How to differentiate the assignment and licensing of industrial property rights as statutorily provided in Vietnam? You may find the key differences between these two types of transfer of industrial property rights in the below table....
Continue readingWithdrawing an invalidation request which has been filed with the Intellectual Property Office of Vietnam (“IP Vietnam”) is not expressly provided for in the Law on Intellectual Property of Vietnam 2005, revised in 2009 and 2019 (“Vietnam IP Law”) and its by-laws. As a matter of practice, the IP Vietnam has accepted withdrawal of invalidation requests, provided that (i) the withdrawal authority is explicitly formed in the Power of Attorney and (ii) the requester of invalidation action has rendered reasons for such withdrawal. Therefore, a request for invalidation action already filed with the IP Vietnam can be withdrawn. The Vietnam IP...
Continue readingThe Doha Declaration on the TRIPS Agreement and Public Health (the “Doha Declaration”), which was ratified by the WTO Ministerial Conference in Doha on 14 November 2001, generally does not change the principles of TRIPS Agreement. ...
Continue readingCompulsory licensing is provided in various legal documents, such as the Paris Convention for the Protection of Industrial Property (the “Paris Convention”), the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), or the Intellectual Property Law of Vietnam (the “IP Law”)....
Continue readingProvision of evidence and burden of proof are considered as one of the basic principles in civil procedures. The involved parties have the right and obligation to provide evidence and prove to protect their rights and interests as well as to provide the Court with sufficient evidence to resolve civil cases objectively, accurately and lawfully....
Continue readingThe specific rules of the internet stipulate that if the IP-protected material is uploaded without the consent of the right holder, the ISP can request, in writing, the removal of the infringing work from the ISP or removal from the network and disableness of access to the copyrighted material from the respective website. This form of written alert is called a "take-down notice". The general rule is that if the ISP removes the infringing content following a “take-down notice”, it will not be held liable for any further compensation. For a successful take down action, you will need to provide...
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