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KENFOX IP & Law Office > Uncategorized
10 November
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HAICNEAL vs. HAINOZAL: Stopping a Copycat Shampoo Line, Forcing Destruction of Labels and Printing Equipment, and Blocking a Trademark Hijacking

Posted by Dương Thúy
in Notable Articles, Trademark, Uncategorized, Vietnam

KENFOX IP & Law Office acted for Kunming Dihon Pharmaceutical Co., Ltd. (China), owner of the HAICNEAL medicated shampoo brand (), and its exclusive Vietnamese distributor, Dong A Pharmaceutical Trading Co., Ltd., after a Vietnamese company (ASEM VINA JSC) began producing and commercializing a shampoo using packaging that closely imitated HAICNEAL’s trade dress while marketing it under “HAINOZAL” ...

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15 April
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Letter of Consent for Trademarks Within Corporate Groups in Vietnam: Legal Analysis, Practice, and Recommendations

Posted by Quyen Nguyen
in Notable Articles, Trademark, Uncategorized

The fundamental principle of intellectual property (IP) law is to prevent consumer confusion regarding the commercial origin of goods and services. However, in practice, companies within the same corporate group or with close affiliations often wish to use similar trademarks. Does a "Letter of Consent" from the prior trademark owner (usually the parent company) carry enough legal weight to negate the likelihood of confusion? Despite a clear parent-subsidiary or internal affiliation, the Intellectual Property Office of Vietnam (IPVN)'s acceptance or refusal of a subsidiary company's trademark application (even with a Letter of Consent) still heavily depends on the assessing examiner's...

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

Posted by Quyen Nguyen
in Uncategorized

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....

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21 February
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How does EVFTA affect GI registration and protection in Vietnam?

Posted by Quyen Nguyen
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...

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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...

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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....

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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...

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05 July
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Legal News June 2017 in Viet Nam

Posted by Do Thi Phan
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....

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