Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well as avoid legal risk in using such rights in Vietnam.
Intellectual Property Rights in the UAE Copyrights, Trademarks & Patents.pdfDr. Hassan Elhais
Intellectual Property Rights (IPR) serve as a cornerstone in the protection of creative expressions, technological advancements, and unique brands, fostering innovation and economic growth. In the United Arab Emirates (UAE), the legal framework for IPR encompasses Copyrights, Trademarks, and Patents, each playing a crucial role in safeguarding the rights of creators, inventors, and businesses. This article explores the key aspects of Copyrights, Trademarks, and Patents in the UAE, highlighting the importance of these protections and the mechanisms in place for their registration, enforcement, and penalties for violations.
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
Patent Registration and Protection in Myanmar .pdfKenfoxLaw
In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance.
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
1. Businesses invest significant resources developing intellectual property like ideas, processes and designs to generate profits. Intellectual property law provides protection for such assets.
2. There are three main types of intellectual property rights - patents which protect technological inventions, registered designs which protect distinctive product designs, and trademarks which protect brands, logos and goodwill.
3. Intellectual property is intangible property that is created by human intellect like ideas, inventions, software, logos and industrial processes. It has monetary value and can be owned, transferred or licensed.
The document discusses intellectual property rights (IPR) and provides an overview of different types of IPR including copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information. It describes the rationale for IPR as encouraging creative works and innovation through limited-time economic incentives. Balancing individual rights with societal access is also discussed.
Intellectual Property Rights in the UAE Copyrights, Trademarks & Patents.pdfDr. Hassan Elhais
Intellectual Property Rights (IPR) serve as a cornerstone in the protection of creative expressions, technological advancements, and unique brands, fostering innovation and economic growth. In the United Arab Emirates (UAE), the legal framework for IPR encompasses Copyrights, Trademarks, and Patents, each playing a crucial role in safeguarding the rights of creators, inventors, and businesses. This article explores the key aspects of Copyrights, Trademarks, and Patents in the UAE, highlighting the importance of these protections and the mechanisms in place for their registration, enforcement, and penalties for violations.
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
Patent Registration and Protection in Myanmar .pdfKenfoxLaw
In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance.
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
1. Businesses invest significant resources developing intellectual property like ideas, processes and designs to generate profits. Intellectual property law provides protection for such assets.
2. There are three main types of intellectual property rights - patents which protect technological inventions, registered designs which protect distinctive product designs, and trademarks which protect brands, logos and goodwill.
3. Intellectual property is intangible property that is created by human intellect like ideas, inventions, software, logos and industrial processes. It has monetary value and can be owned, transferred or licensed.
The document discusses intellectual property rights (IPR) and provides an overview of different types of IPR including copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information. It describes the rationale for IPR as encouraging creative works and innovation through limited-time economic incentives. Balancing individual rights with societal access is also discussed.
ASSIGNMENT 3 (CHAPTERS 8-9) QUESTIONS Name .docxAbhinav816839
This document provides questions for an assignment covering chapters 8-9 on intellectual property. It includes 24 multiple choice and short answer questions about various intellectual property concepts such as trademarks, copyrights, patents, trade secrets, and international agreements. Key topics covered are definitions of trademarks, copyright and patent infringement, fair use exceptions, and protections under international treaties like the Berne Convention and TRIPS agreement. Students are asked to email their answers in Word format to the provided email address.
Ceramic industry Intellectual Property Right (IPR) guide for doing business in China. Tailored to the needs of European SMEs, this business guide covers aspects of IPR most relevant to your business and how to protect them.
A license from a patentee which confers on the licensee the right to exclude all other, including the patentee, from making, using or vending the patented invention or process.
An exclusive license supports monopoly of businesses in the longer run by giving exclusive rights to manufacture and sell the patented product to the licensee. The patentee loses rights to independently manufacture and sell during the license period.
Patents, trademarks, copyrights, and trade secrets are important legal considerations for entrepreneurs. Lawyers can provide advice on these intellectual property issues, and entrepreneurs should carefully evaluate their needs before hiring one. Patents protect inventions and come in utility, design, and plant varieties, and trademarks distinguish products in the marketplace. Copyrights protect original creative works, and trade secrets protect sensitive business information from being revealed. Proper legal protections are crucial for startups.
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
The document discusses intellectual property rights (IPR) including patents, trademarks, copyrights, and goodwill. It defines each type of IPR and provides examples. Patents protect inventions and give the inventor exclusive rights for a limited period. Trademarks protect brands and logos. Copyright protects artistic and literary works. Goodwill refers to the value of a business based on customer loyalty and reputation. The document also discusses IPR infringement, registration processes, and legal penalties for violations of IPR.
This memorandum from Morris, Manning & Martin addresses common questions about patents from technology and business clients. It discusses why companies should consider filing patent applications, including to protect against competitors and add value. It also covers when to begin the patent process, the differences between provisional and non-provisional applications, typical timelines and costs for patent applications, and other issues like international protection and determining patentability.
This document discusses intellectual property rights (IPR) and provides information on different types of IPR including copyrights, patents, trademarks, and industrial designs. It defines IPR as legal rights given to inventors or creators to protect their inventions or creations for a certain period of time. The document outlines the rights provided by patents, trademarks, and industrial designs. It also discusses advantages of IPR protection and rights and obligations of patent holders under Indian law.
This document discusses intellectual property rights (IPR) and provides information on different types of IPR including patents, copyrights, trademarks, and industrial designs. It defines IPR as legal rights given to inventors or creators to protect their inventions or creations for a certain period of time. The document outlines the rights provided by patents, copyrights, trademarks, and industrial designs. It also discusses the advantages of IPR protection and rights and obligations of patent holders under Indian law.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
This document defines and describes various types of intellectual property including patents, copyrights, trademarks, trade names, and trade secrets. Patents protect inventions and designs for a limited time, copyrights protect original creative works, and trademarks protect brands, logos, and names to prevent consumer confusion. International agreements provide protections across borders. Proper registration and legal standards govern ownership and prevent infringement of intellectual property rights.
The presentation commences with a compelling introduction to the concept of Intellectual Property (IP) rights and their critical role in safeguarding innovations and creativity in various industries. It highlights the significance of protecting intangible assets to foster innovation, encourage investment, and stimulate economic growth.
The presentation begins with an introduction to Intellectual Property Rights (IPR) and its importance in safeguarding various forms of creative and innovative works. It emphasizes the significance of copyright, trademark, and patent protections in fostering creativity, enabling businesses to thrive, and encouraging technological advancements.
There are four main types of patents: utility patents, provisional patents, design patents, and plant patents. Utility patents protect inventions that are processes, machines, manufactures, or compositions of matter, lasting usually 20 years. Provisional patents establish an early filing date for an invention and last one year. Design patents protect the ornamental design or shape of an object for 14 years. Plant patents protect novel asexually reproduced plant varieties for 20 years. Filing different types of patents provides inventors flexibility in protecting their inventions appropriately.
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
This document provides a summary of key concepts in intellectual property rights:
1. It defines intellectual property as creations of the intellect for which a monopoly is assigned by law to designated owners, including copyrights, patents, trademarks, and trade secrets.
2. It describes the four main types of intellectual property - trademarks, copyrights, patents, and trade secrets - and provides brief explanations of how each works.
3. It discusses the key agencies responsible for intellectual property registration in the United States, including the United States Patent and Trademark Office, and international organizations like the World Intellectual Property Organization.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
This document discusses various forms of intellectual property rights that are important for software houses, including confidential information, patents, trademarks, designs, and copyrights. It provides details on how each type of intellectual property can be protected under law. Confidential information requires being kept secret. Patents provide a temporary monopoly for novel inventions. Copyright protects original creative works. Plagiarism involves passing off someone else's work as your own without credit.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
Beyond First-to-File How Copyright Won a Trademark Battle in Vietnam .pdfKenfoxLaw
First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able to reclaim their trademarks.
What To Do if Your Trademark has been Stolen in Vietnam.pdfKenfoxLaw
The "first to file" principle has been abused by bad faith trademark applicants as a sophisticated tool for "trademark squatting" and "misappropriation of trademark rights" from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor's trademark, the trademark speculator has used that same trademark as a "weapon" to initiate legal actions and request Vietnamese enforcement authorities to seize goods bearing the trademark and penalize the genuine trademark owner.
What challenges do trademark owners face when they discover that their trademark has been illegally registered by a third party? What methods are available to reclaim trademark rights, and what legal grounds are necessary to regain trademarks in Vietnam? These questions will be answered in detail by KENFOX IP & Law Office in this article to help IP rights holders effectively protect their rights in Vietnam amidst the increasingly professional, sophisticated, and ever-changing issue of trademark squatting in the country.
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ASSIGNMENT 3 (CHAPTERS 8-9) QUESTIONS Name .docxAbhinav816839
This document provides questions for an assignment covering chapters 8-9 on intellectual property. It includes 24 multiple choice and short answer questions about various intellectual property concepts such as trademarks, copyrights, patents, trade secrets, and international agreements. Key topics covered are definitions of trademarks, copyright and patent infringement, fair use exceptions, and protections under international treaties like the Berne Convention and TRIPS agreement. Students are asked to email their answers in Word format to the provided email address.
Ceramic industry Intellectual Property Right (IPR) guide for doing business in China. Tailored to the needs of European SMEs, this business guide covers aspects of IPR most relevant to your business and how to protect them.
A license from a patentee which confers on the licensee the right to exclude all other, including the patentee, from making, using or vending the patented invention or process.
An exclusive license supports monopoly of businesses in the longer run by giving exclusive rights to manufacture and sell the patented product to the licensee. The patentee loses rights to independently manufacture and sell during the license period.
Patents, trademarks, copyrights, and trade secrets are important legal considerations for entrepreneurs. Lawyers can provide advice on these intellectual property issues, and entrepreneurs should carefully evaluate their needs before hiring one. Patents protect inventions and come in utility, design, and plant varieties, and trademarks distinguish products in the marketplace. Copyrights protect original creative works, and trade secrets protect sensitive business information from being revealed. Proper legal protections are crucial for startups.
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
The document discusses intellectual property rights (IPR) including patents, trademarks, copyrights, and goodwill. It defines each type of IPR and provides examples. Patents protect inventions and give the inventor exclusive rights for a limited period. Trademarks protect brands and logos. Copyright protects artistic and literary works. Goodwill refers to the value of a business based on customer loyalty and reputation. The document also discusses IPR infringement, registration processes, and legal penalties for violations of IPR.
This memorandum from Morris, Manning & Martin addresses common questions about patents from technology and business clients. It discusses why companies should consider filing patent applications, including to protect against competitors and add value. It also covers when to begin the patent process, the differences between provisional and non-provisional applications, typical timelines and costs for patent applications, and other issues like international protection and determining patentability.
This document discusses intellectual property rights (IPR) and provides information on different types of IPR including copyrights, patents, trademarks, and industrial designs. It defines IPR as legal rights given to inventors or creators to protect their inventions or creations for a certain period of time. The document outlines the rights provided by patents, trademarks, and industrial designs. It also discusses advantages of IPR protection and rights and obligations of patent holders under Indian law.
This document discusses intellectual property rights (IPR) and provides information on different types of IPR including patents, copyrights, trademarks, and industrial designs. It defines IPR as legal rights given to inventors or creators to protect their inventions or creations for a certain period of time. The document outlines the rights provided by patents, copyrights, trademarks, and industrial designs. It also discusses the advantages of IPR protection and rights and obligations of patent holders under Indian law.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
This document defines and describes various types of intellectual property including patents, copyrights, trademarks, trade names, and trade secrets. Patents protect inventions and designs for a limited time, copyrights protect original creative works, and trademarks protect brands, logos, and names to prevent consumer confusion. International agreements provide protections across borders. Proper registration and legal standards govern ownership and prevent infringement of intellectual property rights.
The presentation commences with a compelling introduction to the concept of Intellectual Property (IP) rights and their critical role in safeguarding innovations and creativity in various industries. It highlights the significance of protecting intangible assets to foster innovation, encourage investment, and stimulate economic growth.
The presentation begins with an introduction to Intellectual Property Rights (IPR) and its importance in safeguarding various forms of creative and innovative works. It emphasizes the significance of copyright, trademark, and patent protections in fostering creativity, enabling businesses to thrive, and encouraging technological advancements.
There are four main types of patents: utility patents, provisional patents, design patents, and plant patents. Utility patents protect inventions that are processes, machines, manufactures, or compositions of matter, lasting usually 20 years. Provisional patents establish an early filing date for an invention and last one year. Design patents protect the ornamental design or shape of an object for 14 years. Plant patents protect novel asexually reproduced plant varieties for 20 years. Filing different types of patents provides inventors flexibility in protecting their inventions appropriately.
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
This document provides a summary of key concepts in intellectual property rights:
1. It defines intellectual property as creations of the intellect for which a monopoly is assigned by law to designated owners, including copyrights, patents, trademarks, and trade secrets.
2. It describes the four main types of intellectual property - trademarks, copyrights, patents, and trade secrets - and provides brief explanations of how each works.
3. It discusses the key agencies responsible for intellectual property registration in the United States, including the United States Patent and Trademark Office, and international organizations like the World Intellectual Property Organization.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
This document discusses various forms of intellectual property rights that are important for software houses, including confidential information, patents, trademarks, designs, and copyrights. It provides details on how each type of intellectual property can be protected under law. Confidential information requires being kept secret. Patents provide a temporary monopoly for novel inventions. Copyright protects original creative works. Plagiarism involves passing off someone else's work as your own without credit.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
Similar to Provisional rights to patents and industrial designs in Vietnam – What you need to know.pdf (20)
Beyond First-to-File How Copyright Won a Trademark Battle in Vietnam .pdfKenfoxLaw
First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able to reclaim their trademarks.
What To Do if Your Trademark has been Stolen in Vietnam.pdfKenfoxLaw
The "first to file" principle has been abused by bad faith trademark applicants as a sophisticated tool for "trademark squatting" and "misappropriation of trademark rights" from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor's trademark, the trademark speculator has used that same trademark as a "weapon" to initiate legal actions and request Vietnamese enforcement authorities to seize goods bearing the trademark and penalize the genuine trademark owner.
What challenges do trademark owners face when they discover that their trademark has been illegally registered by a third party? What methods are available to reclaim trademark rights, and what legal grounds are necessary to regain trademarks in Vietnam? These questions will be answered in detail by KENFOX IP & Law Office in this article to help IP rights holders effectively protect their rights in Vietnam amidst the increasingly professional, sophisticated, and ever-changing issue of trademark squatting in the country.
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Việc nộp đơn đăng ký nhãn hiệu thường được cho là mặc nhiên mang tính thiện chí và tạo ra quyền độc quyền cho chủ sở hữu. Tuy nhiên, khi việc nộp đơn nhằm mục đích tước đi lợi ích của nhãn hiệu hiện có của chủ nhãn hiệu đích thực và gây nhầm lẫn cho người tiêu dùng, điều đó sẽ phá vỡ các mục tiêu, nguyên tắc căn bản của pháp luật về bảo hộ quyền SHTT. Việc nộp đơn đăng ký nhãn hiệu với động cơ nêu trên bị coi là có “dụng ý xấu”.
KENFOX IP & Law Office cung cấp các phân tích chi tiết về các quy định xung quanh vấn đề “dụng ý xấu” tại Điều 34.2 Thông tư 23/2023/TT-BKHCN để chủ sở hữu nhãn hiệu đích thực hiểu rõ hơn về cách thức bảo vệ và đòi lại quyền nhãn hiệu của mình khi bị bên thứ ba đăng ký với “dụng ý xấu”.
Chứng minh dụng ý xấu Bài học nào cần rút để đòi lại nhãn hiệu tại Việt Nam.pdfKenfoxLaw
Đòi lại nhãn hiệu thông qua thủ tục phản đối hay hủy bỏ hiệu lực khi bị bên thứ ba đăng ký chiếm giữ là hành trình chưa bao giờ đơn giản, đặc biệt, trong bối cảnh, chủ nhãn hiệu đích thực chưa kịp đăng ký nhãn hiệu tại thị trường mà họ hướng đến. Tuy nhiên, một Công ty của Thổ Nhĩ Kỳ đã thành công trong cuộc chiến giành lại nhãn hiệu của họ thông qua thủ tục hủy bỏ hiệu lực nhãn hiệu khi bị bên thứ ba đăng ký với dụng ý xấu tại Liên minh Châu Âu. Điều đáng nói, công ty Thổ Nhĩ Kỳ chưa sở hữu bất kỳ quyền nhãn hiệu có trước nào tại Liên minh Châu Âu. Có nhiều tình tiết thú vị và đáng được xem xét trong vụ việc này. Phán quyết của hai cơ quan có thẩm quyền của Liên minh Châu Âu đã cho thấy bước tiếp cận cởi mở, cách áp dụng pháp luật hợp lý để xét xử vụ việc, giành lại quyền nhãn hiệu hợp pháp cho chủ nhãn hiệu đích thực, ngăn chặn tình trạnh đầu cơ nhãn hiệu - một vấn nạn đang đang trở nên phổ biến, gia tăng và biến đổi không ngừng như hiện nay.
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Nếu nhãn hiệu xin đăng ký của người khác có khả năng xung đột hoặc ảnh hưởng tiêu cực đến các quyền nhãn hiệu có trước của mình, hoặc nhãn hiệu đó không đáp ứng các tiêu chí bảo hộ, bạn có thể gửi ý kiến bằng văn bản, yêu cầu Cục SHTT xem xét việc từ chối cấp bảo hộ cho nhãn hiệu xin đăng ký đó. Điều này có thể được thực hiện sau khi Đơn đăng ký nhãn hiệu được công bố công khai trên Công báo Sở hữu Công nghiệp. Luật SHTT sửa đổi 2022 cung cấp cho các bên liên quan hai cơ chế đưa ra ý kiến của mình đối với Đơn đăng ký Nhãn hiệu đang được thẩm định, bao gồm: (i) Ý kiến của bên thứ ba và/hoặc (ii) Phản đối.
Proving Originality Of An Applied-Art Work Or A Logo - Why Is It Challenging ...KenfoxLaw
When opposing or requesting the invalidation of a third party’s trademark registration on the grounds that the trademark is a copy or contains a copy of a work protected by rights under Article 73.7 of the Intellectual Property Law (IP Law), or requesting administrative handling copyright infringement, you may face a counter-statement that your logo lacks “originality” – one critical requirement to enable your logo to qualify copyright protection. Such claims can include arguments that your logo is composed of common, generic, or widely used elements that do not meet the threshold of originality – it lacks distinctiveness, meaning it does not possess unique characteristics that can distinguish it from other logos or generic designs; and/or it closely resembles or is substantially similar to existing logos or artworks, suggesting that it was derived from these sources rather than being independently created; and/or it does not exhibit sufficient creative effort or artistic expression. They could claim that the design process involved “assembling” or altering existing images or designs rather than creating something new; and/or If your logo has elements that are functional or utilitarian in nature, they might argue that these aspects cannot be copyrighted.
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Myanmar’s Copyright Law, enacted as The Pyidaungsu Hluttaw Law No. 15, 2019, comprises 24 chapters, each addressing various aspects of copyright and related rights protection, administration, enforcement, and penalties. KENFOX would like to provide below some basic details of the law with a hope that they will help IPR holders understand about the key provisions and mechanisms thereof and how to effectively manage, protect, and enforce their copyright and related rights in Myanmar.
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Bạn không cần phải nộp đơn đăng ký quyền tác giả để được bảo vệ quyền tác giả tại Việt Nam. Theo Công ước Berne mà Việt Nam là thành viên và Các quy định về quyền tác giả tại Việt Nam, quyền tác giả là một quyền tự động được xác lập mà không cần đăng ký, có nghĩa là tác giả hoặc người sáng tạo ra tác phẩm sẽ được hưởng quyền tác giả ngay sau khi hoàn thành tác phẩm gốc. Mặc dù vậy, chủ sở hữu quyền sở hữu trí tuệ muốn tiến hành kinh doanh tại Việt Nam hoặc có ý định kinh doanh, nên ưu tiên đăng ký quyền tác giả tại Việt Nam. Đăng ký quyền tác giả, trong một chừng mực nhật định, được coi là công cụ mạnh mẽ và hiệu quả để bảo vệ nhãn hiệu và kiểu dáng công nghiệp tại Việt Nam.
Để biết lý do tại sao bạn nên đăng ký quyền tác giả tại Việt Nam, vui lòng xem bài viết của chúng tôi có tựa đề “6 lợi ích khi đăng ký bảo hộ quyền tác giả tại Việt Nam – Tại sao tác phẩm nên được đăng ký với Cục Bản quyền Tác giả Việt Nam?” và “Quyền tác giả – vũ khí công hiệu trong ngăn chặn xâm phạm nhãn hiệu và kiểu dáng công nghiệp tại Việt Nam”.
Bulletin How Does Vietnam’s IP Law Need To Provide For AI Generated Works.pdfKenfoxLaw
In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from both humans and AI, and understanding the specific roles AI plays in the creative process. In particular, variations in legal interpretation between different jurisdictions also require special attention.
Takedown Notices - How Do ISPs Handle Copyright Infringement Claims in Vietna...KenfoxLaw
The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights.
Co-owned Patent Disputes in Vietnam What to Do .pdfKenfoxLaw
A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right to file a patent application” in case of co-owned patent, highlighting the importance of understanding the legal requirements for patent filing and ownership. This article will focus on the specifics of this case and examine its implications for intellectual property rights in Vietnam.
Chiến lược sử dụng chứng cứ trong các vụ xâm phạm quyền sở hữu trí tuệ ở Việt...KenfoxLaw
Nguyên tắc “nghĩa vụ chứng minh” là điều cần thiết đối với bất kỳ tranh chấp pháp lý nào và các vụ kiện vi phạm quyền sở hữu trí tuệ (SHTT) cũng không ngoại lệ. Tuy nhiên, các vụ việc gần đây ở Việt Nam cho thấy nguyên đơn phải đối mặt với những thách thức đáng kể trong việc đáp ứng nguyên tắc này, đặc biệt là khi đưa ra bằng chứng để chứng minh cho yêu cầu của họ.
Trong một số lượng lớn các vụ kiện về SHTT, yêu cầu bồi thường thiệt hại của nguyên đơn bị tòa án bác bỏ vì bằng chứng xác định thiệt hại bị xem là không hợp pháp. Điển hình, có vụ án, tòa án cấp sơ thẩm không công nhận tài liệu do nguyên đơn cung cấp là chứng cứ chứng minh hành vi vi phạm, trong khi ở cấp phúc thẩm, các tài liệu đó được coi là chứng cứ hợp pháp. Trong một vụ án khác, tài liệu do nguyên đơn cung cấp được xem là chứng cứ tại cấp sơ thẩm, nhưng ở cấ p xét xử cao hơn, tài liệu đó bị xem là không có căn cứ.
Vi sao nhan hieu cua toi khong con hieu luc tai Viet Nam - Thuc trang va khuy...KenfoxLaw
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Provisional rights to patents and industrial designs in Vietnam – What you need to know.pdf
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Provisional rights to patents and industrial designs in Vietnam – What you need to
know?
Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant
increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system
is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent
or design owners with significant benefits even before their applications are fully examined and granted. In this
article, we will explore what provisional rights are, how they work, certain requirements and limitations to
provisional rights, and what patent and industrial design owners need to know to maximize their benefits as
well as avoid legal risk in using such rights in Vietnam.
Provisional rights to patents and industrial designs: What & Why
Provisional rights to patents and industrial designs are a legal concept that provides some limited legal
protection to inventors and designers while they are waiting for their patent or design to be granted by the
relevant authority. These rights give inventors and designers a legal tool to fight against unauthorized use of
their invention or design during this period.
In general, provisional rights allow inventors and designers to take action against infringers who commercially
exploit their invention or design after the publication of their patent or design application, but before the granting
of the actual patent or design registration. For example, an inventor who has filed a patent application may
have the right to prevent others from commercially exploiting the subject matter of the invention during the
period between the publication of the patent application and the granting of the patent. Similarly, a designer
who has filed an application for industrial design may have the right to notify others who are using the industrial
design for commercial purposes without prior use rights, of the filing date and publication date of the industrial
design application. If an alleged infringer continues to use the industrial design or patents after being notified,
the owner of the industrial design or patent can request compensation for such use once the patent is granted.
Law-makers provide for provisional rights to patents and industrial designs to address the challenges faced by
inventors and designers during the patent or design registration process. In many countries, the patent or
design registration process can take several years, during which time inventors and designers may face
unauthorized use or infringement of their invention or design. Provisional rights provide a form of legal
protection to inventors and designers during this period, allowing them to take legal action against infringers
who commercially exploit their invention or design after the publication of their application, but before the actual
granting of the patent or design registration.
Provisional rights help to incentivize innovation by providing inventors and designers with some level of legal
protection while they are waiting for their applications to be granted. Without these rights, inventors and
designers may be hesitant to invest in the development of new ideas or designs, knowing that they may face
unauthorized use or infringement during the registration process. By providing provisional rights, law-makers
encourage inventors and designers to pursue their ideas and designs, knowing that they will have some level
of legal protection during the registration process.
Provisional rights to patents and industrial designs in Vietnam: How
In Vietnam, the Industrial Property Law provides legal protection for registered industrial designs, granting
exclusive rights to their owners. Any use of a protected industrial design without permission from the right
holder is considered an infringement on their intellectual property rights. As such, only protected industrial
designs are granted the legitimate rights related to such industrial designs, and then acts of using a protected
industrial design without authorization from the right holder are considered infringements on the industrial
designs. Of note, rights to industrial designs are established in accordance with IP VIETNAM’s Decision on
grant of the industrial design application.
However, similar to patent related statute in Vietnam, there is an exception to the above article concerning
“provisional rights” to a pending industrial design or a patent application. Provisional rights to patents and
industrial designs are recognized under Article 130 and Article 131 of the Intellectual Property Law of Vietnam.
These provisions state that, once a patent or industrial design application has been published in the Industrial
Property Official Gazette, the applicant has the right to notify any third party who is using the invention or
design without prior use rights for commercial purposes. The notification must specify the filing date of the
application and the date on which the application is published in the Gazette. If the person who has been
notified continues to use the invention or design after the grant of the patent or industrial design, the applicant
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is entitled to request compensation from that person, equivalent to the royalties for licensing the invention or
design within the relevant extent and period of use.
This means that, even before the patent or industrial design is granted, the applicant may be able to assert
provisional rights to prevent others from using their invention or design without permission. However, it is
important to note that the assertion of provisional rights must be exercised in a reasonable and legitimate
manner, otherwise it may be deemed an abuse of IP rights.
However, it is important to note that provisional rights are limited in scope and duration, and are subject to
certain conditions and exceptions. For example, the rights only apply to commercial exploitation, and not to
non-commercial use. The provisional rights do not confer rights to the patent or industrial design applicant to
request intervention or enforcement actions from the Vietnamese enforcement authority. Only when an
invention patent or industrial design patent is granted, the patent owner is entitled to request the user to pay
compensation equivalent to the price for licensing of such invention, industrial design or layout design within
the corresponding scope and duration of use.
Provisional rights to patents and industrial designs: Drawbacks and Limitations
While provisional rights can provide some protection to the owner of an industrial design or patent application,
there are also some potential drawbacks and limitations to consider:
Limited protection: Provisional rights only apply to the design features that have been published in the
application, so any undisclosed or unregistered features are not covered. This can leave the owner vulnerable
to infringement of those unregistered subject matters. Provisional rights only provide for the entitlement of
notifying a third party about an alleged infringement, not the right to request Vietnamese enforcement
authorities to deal with such an alleged infringement.
Uncertainty: The granting of a design registration is not guaranteed, so provisional rights may not be realized
if the application is ultimately rejected. This uncertainty can make it difficult for the owner to enforce their rights
during the application period.
Burden of proof: The burden of proving infringement and damages rests with the owner, which can be a
challenging and expensive process. This can be especially difficult during the provisional rights period, when
the scope of the design or patent registration is not yet clear.
Risks of abuse of IP rights: Asserting that a third party trespasses a patent or design rights may become risky
if the patent or design application is later rejected at later stage.
It is important not to fall into a scenario where the design applicant may be deemed to abuse IP rights by
asserting the provisional rights to patents or industrial designs too aggressively. Otherwise, he will face the
risk of being considered an abuse of IP rights. An action may be escalated into an abuse of IP rights when it
goes beyond what is considered a legitimate exercise of intellectual property rights and becomes anti-
competitive, coercive, or excessive. In general, an abuse of IP rights involves using intellectual property law to
unfairly or unlawfully limit competition or harm other individuals or organizations.
There are various actions that may be considered an abuse of IP rights, including misusing patent or trademark
rights to block competition or prevent others from using a particular technology or product. Another example
is filing baseless infringement lawsuits or sending threatening letters to competitors or other parties in an
attempt to gain a competitive advantage. Additionally, imposing unreasonable licensing terms or conditions on
the use of patented or copyrighted materials can also be considered an abuse of IP rights. Moreover, engaging
in "patent trolling" or using patents solely to extract money from others without actually producing or selling
any products is another abusive behavior. Lastly, engaging in anti-competitive behavior, such as forming
cartels or using IP rights to create monopolies in certain markets, can also be considered an abuse of IP rights.
When an infringement claim/requirement in the C&D Letter is "intentionally exceeding the scope or
objective" of the right of self-protection in Article 198 of Vietnam’s IP Law, such conduct by the design
applicant may be considered "abuse of IPR protection procedures." If such abuse "causes damage to
other organizations or individuals," then "the aggrieved organization or individual has the right to
request the Court to force the abuser to pay damages, including reasonable cost of hiring a lawyer."
Therefore, it is crucial to ensure that any assertions of provisional rights are reasonable and proportionate to
the alleged infringement.
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Addressing an alleged infringement based on provisional rights while avoiding legal risks: What to
do?
Asserting provisional rights to patents and industrial designs in Vietnam requires careful consideration of the
legal framework and potential risks involved. Here are some steps to help businesses properly assert their
provisional rights in Vietnam:
Understand the legal framework: Before asserting provisional rights, it is crucial to understand the legal
framework in Vietnam, including the relevant provisions of the IP Law and the limitations on the scope of
provisional rights.
Monitor for infringement: Businesses should monitor the market for potential infringers who may be using their
patented or design-protected products or processes. Once a suspected infringer is identified, the business
should conduct an investigation to confirm the infringement and collect evidence.
Send a notification: Once a business has confirmed infringement, they can send a notification (such as a
Cease and Desist Letter) to the alleged infringer. The notification should include the relevant details of the
provisional rights, including the filing date and the date on which the patent or design application was published
in the Industrial Property Official Gazette.
Negotiate a settlement: In many cases, the alleged infringer may be willing to negotiate a settlement rather
than face legal action. Businesses should consider negotiating a licensing agreement with the infringer to allow
them to continue using the patented or design-protected product or process in exchange for payment of
royalties.
Consider legal action: If negotiations fail or the infringement is particularly egregious, businesses may need to
consider legal action. However, it is important to ensure that any legal action is not considered an abuse of IP
rights under Vietnamese law.
Avoid abusing IP rights: It's important to be careful when asserting your provisional rights to avoid risking an
abuse of IP rights. Specifically, you should avoid asserting provisional rights too aggressively or making claims
that intentionally exceed the scope or objective of your right of self-protection. This conduct may be considered
an abuse of IPR protection procedures, and may result in damages being awarded to the aggrieved
organization or individual.
The bottom line
Understanding the correct use of provisional rights is essential to safeguard your industrial design rights in
Vietnam. While these rights offer protection against infringement, apparently, when using these rights, it is
crucial to the legal framework, relevant limitations to avoid potential risks. Asserting provisional rights to patents
and industrial designs can be a complex legal process, and it's recommended to seek legal advice to ensure
that the legal framework is being navigated correctly, ot exceed the scope or objective of self-protection, and
do not engage in abusive conduct that may your position from a plaintiff to a defendant.
By Nguyen Vu QUAN
Partner & IP Attorney
Contact
KENFOX IP & Law Office
Building No. 6, Lane 12/93, Chinh Kinh Street, Nhan
Chinh Ward, Thanh Xuan District, Hanoi, Vietnam
Tel: +84 24 3724 5656
Email: info@kenfoxlaw.com / kenfox@kenfoxlaw.com
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