26 October

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How Will Brand Owners Typically Be Contacted When Suspicious Or Counterfeit Goods Are Identified In Laos?

Under the IP protection through customs recordal measure, brand owners receive a notification from Customs through their IP representative. After being notifed, the brand owner is required to confirm within 3 working days whether the suspected goods are counterfeits. They must promptly inform Customs of their confirmation and then request the seizure of the goods. Further, brand owners are encouraged to conduct thorough searches and investigations to assess the extent of the counterfeiting operation. Gathering substantial information about the infringers is crucial. This evidence may prove essential in the event tat the brand owner decides to initiate legal proceedings in the future....

21 February

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How does EVFTA affect GI registration and protection in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Uncategorized, Vietnam

The EVFTA has a significant impact on GI registration and protection in Vietnam in the following ways: Increased protection for European GIs in Vietnam: Under the EVFTA, Vietnam has agreed to protect 169 European GIs, including famous products such as Champagne, Parmigiano Reggiano, and Roquefort cheese. These GIs will receive the same level of protection as Vietnamese GIs, which will provide increased legal protection for European producers. Streamlined GI registration process: The EVFTA provides for a streamlined process for GI registration in Vietnam, which should make it easier and faster for European producers to register their GIs in Vietnam. The...

16 August

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Questions on border control measures in Laos

Posted by KENFOX IP

in Uncategorized

1. Whether it exists the customs filing for trademarks in Laos. If exists, please kindly send us the basic introduction of the customs system. Our advice: Laos has not initiated a formal Customs recordation system. However, if the trademark owner is aware of a shipment containing counterfeit goods, they may inform Customs and file a motion by submitting an application form provided by Customs and pay a bond or deposit to initiate actions for suspension of Customs clearance. The IP Law of Laos allows IPRs owners and/or Customs to initiate actions for suspension of Customs clearance of suspicious counterfeit goods. The tariff...

16 August

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Questions on border control measures in Vietnam

Posted by KENFOX IP

in Uncategorized

Customs supervision: An IPR holder is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

15 January

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Legal News in October 2018

Posted by developer

in Uncategorized

Cancelling procedures for issuance of a certificate of shipping business Decree No. 147/2018/ND-CP amending Decrees on conditions for business in the maritime field shall officially take effect on 24 October 2018. Accordingly, procedures for issuance of Certificates of satisfaction of conditions for shipping business shall officially be cancelled. Shipping enterprises and cooperatives will only have to meet the general conditions on establishment in accordance with the laws. The conditions for domestic enterprises in shipping business have also been simplified in comparison with the current regulations, specifically: (a) Being an enterprise or co-operative in maritime shipping business, which have been established in accordance with...

05 December

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Revising IP Law to effectively combat infringements

Posted by KENFOX IP

in Uncategorized

The current Law on Intellectual Property of Vietnam was officially enacted in July 2006 and revised in 2009...

05 March

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Legal news in February 2018 in Viet Nam

Posted by developer

in Uncategorized

This is the new regulation on management of use of printing equipment in Decree No. 25/2018/ND-CP dated 28 February 2018, amending and supplementing some articles of Decree No. 60/2014/ND-CP on printing activities....

05 July

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Legal News June 2017 in Viet Nam

Posted by kenfox

in Uncategorized

Finance Law No. 15/2017/QH14 dated 21 June 2017 of the National Assembly on management and use of public assets. Decision No. 23/2017/QD-TTg dated 22 June 2017 of the Prime Minister, on amendment and supplement to some articles of Decision No. 246/2006/QD-TTg dated 27 October 2006 of the Prime Minister, on setting up the Cooperative Development Assistance Fund and promulgating the Regulation on credit guarantee and post-investment interest support activities of this Fund. Decision No. 20/2017/QD-TTg dated 12 June 2017 of the Prime Minister, providing for operations of microfinance programs and projects by political, socio-political, or non-governmental organizations. Decision No....

05 June

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Legal News May 2017 in Viet Nam

Posted by kenfox

in Uncategorized

Amendment and supplement to Decree detailing a number of Articles and implementation measures of the Law on Lawyers Draft Decree amending and supplementing a number of Articles of Decree No.123/2013/ND-CP detailing a number of Articles and implementation measures of the Law on Lawyers, has been developing by the Ministry of Justice with significant amendments on code of professional conducts and standards for a lawyer. Accordingly, the draft Decree adds provisions on ethics of lawyer: “Lawyer must be a person who has integrity, honesty, responsibility in professional activities to protect justice and fairness, must not do against laws and profession morality...

05 May

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Legal News April 2017 in Viet Nam

Posted by kenfox

in Uncategorized

Officially decreasing rate of social insurance premium payable by employers as of 1 June 2017 On 14 April 2017, the Government issued Decree No. 44/2017/ND-CP, on the rate of compulsory social insurance premium contributed to Occupational accident and diseases insurance fund (“Decree 44”). Accordingly, from 1 June 2017, the rate of compulsory social insurance premium contributed to Occupational Accident and Diseases Insurance Fund by employers shall be 0.5% of the salary fund taken as the basis to calculate social insurance premiums for the employees, as specified in Points a, b, c, d, dd and h of Clause 1 of Article 2...