14 May
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Flowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam
Flowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam ...
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24 March
An infringement case of industrial design rights settled under civil route in Vietnam
In 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 reading 25 February
Time-limit for responding to Office Action concerning IP applications in Vietnam
Registration 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 reading 26 January
Trademark Examination Principles newly adopted by IP Office of Vietnam as of December 2020
To 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 reading 28 September
Differentiating “assignment” and “licensing”of industrial property rights in Vietnam
Transfer 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 reading 24 September
Withdrawing an already claimed invalidation action in Vietnam
Withdrawing 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 reading 23 June
Doha Declaration and Applicability of Compulsory Licensing
The 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 reading 19 June
Understanding of Regulations on Compulsory Licensing
Compulsory 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 reading 16 June
Provision of evidence and burden of proof at court
Provision 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 reading 11 June
What Should Be Aware About The Liabilities of Internet Service Providers To Deal With IP Infringement in Vietnam?
The 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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