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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

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O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany ("the plaintiff"). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two ccTLD (osram.com.vn) and (osram.vn) ("Disputed Domain Names") were registered in 2014 by a natural person in Vietnam, N.D.T ("the defendant") and were resolved to the defendant's active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff's products bearing the "OSRAM" mark. ...

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Invalidating a bad-faith trademark registration in Vietnam

Bad-faith trademark registration is largely seen in Vietnam nowadays, especially since foreign investors are shifting production from China to Vietnam following the recent US-China trade war. Trademarks in Vietnam are generally awarded on a “first-to-file” basis, as opposed to a "first-to-use" system, resulting in floods of trademark applications, many of which imitate or mimic foreign reputable brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy, as the country's IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company,...

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The Inspectorate of Science and Technology

1.1 The Inspectorate of Ministry of Science & Technology (The Ministry Inspectorate)   Address:           113 Tran Duy Hung Str. - Cau Giay district- Ha Noi Tel:                  84-4-35553906 Fax:                 84-4-39446602 Email:               thanhtra@most.gov.vn Website:           http://thanhtra.most.gov.vn   The Inspectorate of Ministry of Science and Technology (The Ministry Inspectorate) is an agency under the Ministry of Science and Technology, which assists the Minister to fulfil State management functions of science and technology (S&T) inspection; handle complaints, denunciations, prevent and combat against corruptions; carry out tasks and power of administrative and professional inspections within the State management scope of Ministry of Science and Technology as stipulated by laws.   For...

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Questions on border control measures in Laos

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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Questions on border control measures in Vietnam

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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Legal News in October 2018

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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Legal News June 2017 in Viet Nam

  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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