In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented.
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how IP VIETNAM evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration.
Here are 8 noticeably new points of the Law on E-Transactions 2023 which was passed by the XVth National Assembly of the Socialist Republic of Vietnam at its 5th session. This Law takes effect on July 01, 2024, and replaces the Law on E-Transactions No. 51/2005/QH11
The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications.
The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex.
Invalidation of patents (known as "patent invalidation”) is a legal procedure established in most countries with intellectual property (IP) protection laws, which allows a third party to challenge the validity of a patent. In Vietnam, this process involves submitting a request for invalidation of a specific patent to the Intellectual Property Office of Vietnam (IP VIETNAM) along with relevant supporting information and documents, subject to prescribed fees.
The e-commerce business has been creating great profits for businessmen. However, all businessmen must satisfy strict regulations and register with authorized agencies under the Government’s administration.
Vietnamese
