27 June

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Important notes on International Application designating Vietnam

Protection of collective marks: • Holders are must provide regulations governing the use of a collective mark as soon as possible. • Providing a summary of regulations governing the use of a collective mark is not considered sufficient. • Regulations must be submitted in Vietnamese. • Holders must provide explanations of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics). Protection of certification marks: Holders must provide: • regulations governing use of the mark, • explanation of particular characteristics and the quality of the product bearing the mark (if the to-be-registered mark is a mark for...

23 May

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News in Circular No. 16/2016/TT-BKHCN News in Circular No. 16/2016/TT-BKHCN of June 30, 2016

Posted by KENFOX IP

in Related Matters in Vietnam

Circular No. 16/2016/TT-BKHCN amending and supplementing a number of articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of some of the articles of the Intellectual Property Law on Industrial Property, which was amended and supplemented by Circular No. 13/2010/TT-BKHCN of 30 July 2010, Circular No. 18/2011/TT-BKHCN dated July 22, 2011 and Circular No. 05/2013/TT-BKHCN dated February 20, 2013 consists of 3 Articles containing 49 points providing amendment and supplement of some provisions creating favorable conditions for the applicants in relation...

20 May

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Copyright infringement assessment

Posted by KENFOX IP

in Related Matters in Vietnam

For copyright infringement matters in Vietnam, the copyright owners may obtain assessment through Expertise Center of Copyright, Related Rights(“ECCR”) which was established in 2016, under Ministry of Culture, Sports and Tourism. We note, however, that as the ECCR has just come into operation, the ECCR’s officials always require to check all documents to be assessed before accepting to receive them for assessment purpose. Under the laws, the following documents are required for copyright infringement assessment: a) The written request for the assessment, including: - The name and address of the individual or organization that requests the assessment; - The ID number or the number of...

10 May

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Preventing trade name infringement in Vietnam

Posted by KENFOX IP

in Investment and Enterprise, Related Matters in Vietnam

Trade name is one category of intellectual property rights, which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Per Article 3.2 of Vietnam IP Law, objects of industrial property rights include inventions, industrial designs, layout-designs of semi-conductor integrated circuits, business secrets, trademarks, trade names and geographical indications. A trade name is often a name for a company. Thus, one of the most critical steps in setting up a new business is finding a name for the company. In this sense, under Article 4.21 of Vietnam IP Law, Trade name is a designation...

03 May

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Statistics on IP assessment cases during 2009-2018 in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Number of IP assessment cases in Vietnam Year Assessment subjects Total Invention Industrial Design Trademark Geographical Indication 9-12.2009 26 (3) 59 (5) 107 (14) - 192 (22) 2010 24 (2) 52 (6) 258 (19) - 334 (27) 2011 11 (1) 81 (3) 305 (40) - 397 (44) 2012 2 (0) 83 (5) 376 (45) - 461 (50) 2013 22 (0) 46 (2) 388 (51) - 456 (53) 2014 11 (1) 84 (5) 477 (54) 1 573 (60) 2015 13 (0) 99 (9) 600 (59) 1 (1) 713 (69) 2016 21 (1) 117 (18) 565 (56) - 703 (75) 2017 30 (3) 147 (22) 632 (99) 1 (1) 810 (125) 2018 28 (2) 111 (3) 670 (90) - 809 (95) Tổng 188 (13) 879 (78) 4.378 (527) 3 (2) 5.448 (620) Source: Vietnam Intellectual Property Research Institute, 2018. Remark: The number placed within the bracket is the number of IP assessment cases called by the competent enforcement authorities Number of IP assessment cases called by Vietnamese enforcement authorities No. Enforcement authorities Assessment subjects Total Invention Industrial Design Trademark Geographical Indication 1 Court 5 0 1 - 6 2 People’s Committee - - - - - 3 Customs - - 41 - 41 4 Inspectorate/Department of Science & Technology 5 4 35 1 45 5 Market...

03 May

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Providing expert opinions / expert witness in support of IPR enforcement in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Statistics on expert opinions / expert witness provided by the IP Office of Vietnam in support of IPR enforcement in the period of 01/6/2006 to 31/12/2016 (number of expert opinions / expert witness) Year Invention Utility Solution Trademark Industrial Design Unfair competition Geographical Indication Total 2006 20 0 84 60 0 0 164 2007 1 0 53 92 0 2 148 2008 5 0 84 244 5 0 338 2009 7 0 82 99 0 0 188 2010 3 1 89 90 0 0 183 2011 1 0 105 45 0 0 151 2012 3 0 82 27 0 0 112 2013 2 1 115 8 0 0 126 2014 6 2 101 4 0 0 113 2015 5 1 158 10 0 0 174 2016 4 2 146 9 0 0 161 Total 57 7 1.099 688 5 2 1.858 Source: The IP Office of Vietnam Readmore: Statistics on industrial property establishement activities in Vietnam Statistics on IP assessment cases during 2009-2018 in Vietnam Statistics on IPR infringment cases handled in Vietnam ...

03 May

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Statistics on IPR infringment cases handled in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Numbers of IPR infringement cases handled by administrative enforcement authorities in Vietnam during 2012-2015 Enforcement body 2012 2013 2014 2012-2015 Inspectorates of Science & Technology 69 cases (38 cases handled by Inspectorate of Ministry of Science & Technology) 142 cases 113 cases (64 cases handled by Inspectorate of Ministry of Science & Technology) 473 cases Market Management Agencies* 9.556 cases (counterfeit, poor quality goods, IPR infringement goods) 13.037 cases (counterfeit, poor quality goods, IPR infringement goods) 17.396 cases (counterfeit, poor quality goods, IPR infringement goods) 22.441 (counterfeit, IPR infringement goods) Customs authorities 101 cases (the whole customs authorities) No report 24 cases (handled by Department of Investigation and Anti-smuggling) No report Source: Inspectorate of Ministry of Science & Technology Number of IPR...

03 May

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Statistics on industrial property establishment activities in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Numbers of applications and protection titles...

23 April

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Report and Record

Posted by KENFOX IP

in Trademark Licensing

Licensee agrees to make written report to Licensor within…days after the end of the calendar quarter being a three (3) month period ending with the last day of …,…,… and ……following the date of execution of this Agreement and each calendar quarter thereafter during the life of this Agreement stating In each report, the number, description, and selling price of Products sold or otherwise disposed of under the license granted herein during the preceding calendar quarter....

23 April

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Payment

Posted by KENFOX IP

in Trademark Licensing

The running royalty referred to in the Paragraph…of Article…hereof shall be paid quarterly, for the three (3) month period ending with the last day of …,…,…and …of each year, on or before the last day of …,…,… of each year respectively....