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Hanoi, Vietnam (VN)

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Vietnam (VN)

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Latest News: Dez 05, 2019 (Newsletter Issue 17/19)
Accession to Hague Agreement on International Registration of Industrial Designs
On September 30, 2019, Vietnam deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

The instrument of accession was accompanied by the following declarations:
– the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Viet Nam shall contain a brief description of the characteristic features of the design, pursuant to Article 5(2)(b)(ii);
– the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Viet Nam shall contain a claim for protection of the design, pursuant to Article 5(2)(b)(iii), in compliance with the common form: “Application for overall protection for industrial design(s) as shown and described”;
– the declaration referred to in Article 11(1)(b) of the 1999 Act, whereby the legislation of Viet Nam does not provide for the deferment of the publication of an industrial design;
– the declaration referred to in Article 13(1) of the 1999 Act, whereby, in accordance with the legislation of Viet Nam, only one independent and distinct design may be claimed in a single international application, except that:
(i) designs that are the subject of the same international application must belong to the same set of composition of items and conform to a requirement of unity of design, unity of use or accompaniment of each other in use, or
(ii) a design may be accompanied by single or multiple options that are variations of that design and which must conform to a requirement of unity of design and be insignificantly different from that design;
– the declaration as required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Viet Nam in respect of industrial designs is 15 years;
– the declaration referred to in Rule 9(3) of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement, whereby, where the product which constitutes the industrial design is three-dimensional, a perspective view of the industrial design is required; and
– the declaration for the application of level three of the standard designation fee, under Rule 12(1)(c)(i) of the Common Regulations.

In accordance with Article 28(3)(b) of the 1999 Act, the 1999 Act and the declarations made will enter into force, in respect of Vietnam, on December 30, 2019.

For further information, please check here


Source: www.wipo.int

Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
Viet Nam has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which entered into force on February 1, 2019.

According to the said notification:
- new Rule 27bis(1) of the Common Regulations, providing for the possibility to file a request for division, is not compatible with the law of the Contracting Party and does not apply to it; and,
- the law of the Contracting Party does not provide for the merger of registrations of a mark.

As a result, the Office will not present to WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please refer to here


Source: www.wipo.int

Jan 30, 2018 (Newsletter Issue 2/18)
Significant Amendments in IP Laws
The fourth amendment to the IP laws of Vietnam comes into force on January 15, 2018. Circular No. 16/2016/TT-BKHCN (also called Circular No. 16), which was issued on June 30, 2016 by the Ministry of Science and Technology of the Government of Vietnam which amends as well as supplements a number of articles of Circular No. 01/2007/TT-BKHCN (also called Circular 01). The amended circular No. 16 is a critical guidance document for implementing IP laws in Vietnam. These amendments are effective from January 15, 2018.

The amended circular has a major impact on the Intellectual Property practice followed in Vietnam as it modifies almost 49 out of 67 points present in the currently followed circular No. 1.

Further, these modifications will resolve certain issues and concerns and align the IP laws of Vietnam with International IP system. The modifications mostly apply on the examination procedures conducted by National Office of Intellectual Property (NOIP) of Vietnam related to Patents, Trademarks, copyrights, Designs and other IPR. These provisions will also create favorable conditions for applicants for obtaining IP rights in Vietnam.

Below mentioned are some of the important amendments and supplements provided by the Circular No. 16 related to examination process of general regulations and trademarks:

1. General Regulations
- Revision of time limits for filing response to Office Action
The time frame to respond to an office action concerning Formality Examination will now be 2 months instead of 1 month.
The timeframe to respond to an office action concerning substantive examination will now be 3 months instead of 2 months.
The deadline for the payment of registration fee will be 3 months instead of 1 month.
- Appeals and their settlements
Addition of new facts/details in application will not be accepted at the appeal stage. However, on the request made by the applicant or appellant, NOIP may re-examine such new facts/details. The amended circular allows the appeals settlement body to seek opinions of independent experts if the appealed case has a degree of complexity.
- Decisions on Refusal
On getting a decision of refusal after substantive examination, the applicants can overcome the same by submitting new facts/details which were not considered in the examination and the NOIP may consider withdrawing the decision of refusal. The applicants do not have to lodge an appeal against the decision of refusal.

2. Key changes on trademarks
- Rights to object to disclaimers of the NOIP within three months from the notification date
- Response to office action regarding international application
In cases where, the Madrid application is rejected by NOIP, the applicant, has a three-month period to respond to the provisional refusal by NOIP, and then 90 days to appeal the decision on refusal.
- Recognition of well-known marks
through the settlement of enforcement or opposition/examination of a trademark that is identical/confusingly similar to the concerned mark.
- The modified circular expressly clarifies the type of organizations that can register collective marks, which was not mentioned in the earlier circulars.


Source: Khurana & Khurana Advocates and IP Attorneys, India

Jan 11, 2017 (Newsletter Issue 1/17)
Official Fees Increased
The Ministry of Finance of Vietnam has issued a Circular (No. 263/2016/TT-BTC) stipulating the official fees to be collected by the National Office of Intellectual Property of Vietnam (NOIP) for industrial property-related activities with effect from January 1, 2017. These fees will apply to patent, utility solution, industrial design, trademark, geographical indication and integrated circuit layout design applications received by the NOIP.

As of January 1, 2017, the official fee for filing a trademark application is VND 1,000,000 for one class for up to 6 items of goods/services. Each further class in the same application is VND 880,000 and each extra item of goods/services exceeding 6th is VND 170,000. The fee for registration is VND 120,000 and the fee for publication is VND 240,000 (for one class for up to 6 items of goods/services).

Source: Spruson & Ferguson, Singapore and Daitin & Associates Co., Vietnam


Jun 04, 2010 (Newsletter Issue 11/10)
New Law on Trade Names Passed
The Vietnamese government has passed a new law to regulate the company registration procedure and prohibit a company from using, as its name, a trade name, trademark and/or geographic indication belonging to another entity.

The new law, which also includes a new mechanism to resolve trade name disputes, is effective 1st June 2010.


Source: www.pham.com.vn

Dez 07, 2009 (Newsletter Issue 1/09)
Official Fees Increased
On June 19th, 2009, the National Assembly of Vietnam passed the Law on amendment to a number of articles of the Law on Intellectual Property (Law 2009). Law 2009 will come into effect from January 1st 2010. There were several changes to copyright and related rights.

With regard to industrial property rights, the Law 2009 clarifies the "first to file" principle: In Law 2005, there was no clear guideline on what to do when one person submits more than one application for the same invention; or registers several marks that are identical or similar to the extent there might be confusion when they are used for identical or similar products or services. This matter is settled by Law 2009. Accordingly, if several registration applications are submitted by one person in order to register identical marks used for identical products or services, a protection title shall be granted based on the valid application with the earliest priority or filing date among the applications which satisfy all conditions for the grant of a protection title.

Law 2009 states that administrative penalties may be applied upon the occurrence of acts of infringement of intellectual property rights which cause damages to the author or the holder of intellectual property rights (or customers of the community); the notification to defaulting party is no longer required (Article 211.1.b).

To protect domestic providers of intellectual property representation, Law 2009 affirms that foreign law firms practicing in Vietnam are prohibited from providing these services. Law 2009 also requires more conditions applied to organizations providing intellectual property assessment services and individuals practicing intellectual property assessment (Article 154.1).



Legal basis is the Intellectual Property Law 2005, in force since July 1, 2006, as revised under the Law No. 36/2009/QH12, in force since January 1, 2010, and continued to be revised under Law No. 42/2019/QH14 which took effect on January 14, 2019.
All trademarks registered in South Vietnam before April 30th, 1975, are not protected in present Vietnam.
Vietnam is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. Vietnam follows the "first-to-file" principle. However, the existing trademark law protects unregistered trademarks if the mark is recognised as a well-known mark.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms and any combination of the mentioned signs. Slogans are registrable as trade marks in Vietnam provided they are distinctive either inherently or upon proof of acquired distinctiveness and non-descriptive.
The following types are registrable as trademarks: trademarks, service marks, collective marks, certification marks, integrated marks, well-known marks, trade names.
The application is filed at the Intellectual Property Office of Vietnam (IP Vietnam).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney is necessary.
Notarisation and/or legalisation of PoA is no longer required.
Foreign applicants do not need a domestic Registration of Business. But a local IP Agent is required.
Foreign applicants do not need to have a trademark of the same name at home before filing one in Vietnam.
The application for trademark registration will undergo following steps: a formality examination will be done within one month from the date of receiving required documents. If the application is accepted as to the formalities, the application data will be published in the Official Gazette of Industrial Property. This shall be done within two months from the date of acceptance as to formality. Within the following 9-12 months, the application will undergo a substantive examination as to make a decision of refusal or grant of the protection by the trademark office. During this time, any third party may file an official opposition. On average, the time frame for obtaining trademark registration in smooth cases is approx. 12-15 months from the date of filing. However, the actual time for substantive examination is 18-24 months. So the time for obtaining trademark registration in smooth cases is approx. 21-27 months from the date of filing.
After grant of Trademark Registration Certificate, the mark shall be published in the gazette and recorded in the National Register of Industrial Property.
National:
Applications may be opposed at any time after the publication date and before issuance of the registration certificate.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the filing date of application.
The registration is indefinitely renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official fee for filing a trademark application is VND 1,000,000 for one class for up to 6 items of goods/services. Each further class in the same application is VND 730,000 and each extra item of goods/services exceeding 6th is VND 150,000. The fee for registration is VND 120,000 and the fee for publication is VND 120,000 for the first class and VND 100,000 for each additional class.

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Practical details on trademark licensing are available in our publication here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Nov 17, 2019
KENFOX IP & Law Office, Hanoi, Vietnam  

Jul 30, 2019
Daitin & Associates Co., Ltd., Ho Chi Minh, Vietnam

Jan 22, 2018
Daitin & Associates Co., Ltd., Ho Chi Minh, Vietnam

Dez 12, 2016
Daitin & Associates Co., Ltd., Ho Chi Minh, Vietnam

Jun 25, 2013
Vision & Associates , Hanoi, Vietnam

Jun 29, 2011
Pham & Associates, Hanoi, Vietnam
Russin & Vecchi, Ho Chi Minh City, Vietnam



KENFOX IP & Law Office



Partner Chu Thanh TU

Partner Chu Thanh TU
Suite 219, 2nd Floor, Five Floor Building, Lane 109, Truong Chinh Str., Than Xuan District
Hanoi
Vietnam (VN)
Tel + 84 24 3724 5656
Fax + 84 24 3724 5885
info@kenfoxlaw.com
www.kenfoxlaw.com

KENFOX provides a full range of IP related services in Vietnam, Laos, Cambodia, Myanmar and other Asian countries. We are more flexible than traditional big-law firms and meet each client's needs in a productive and cost-effective manner.

The core team of KENFOX has accumulated rich experience in providing comprehensive legal services with respect to areas of practices that the firm focuses. The members of the firm have extensive experience in handling various national and international/cross-border legal and commercial transactions. As a law firm operating in various jurisdictions, KENFOX has the expertise, resources and strength in depth to meet the most demanding expectations of clients. A large proportion of matters on which the firm is instructed, whether contentious or non-contentious, are multi-jurisdictional. It is KENFOX’s policy to forge non-exclusive associations with laws firms in other jurisdictions noted for their expertise in particular fields and, in so doing, to ensure that the clients have the best advice and representation available.

KENFOX has many years’ experience in planning, coordinating and executing actions to combat IP infringement and piracy. KENFOX has coordinated with Anti-Smuggling and Investigation Department (ASID) of General Department of Vietnam Customs, Economic Police, Market Management Agencies in Vietnam, Laos, Cambodia, Myanmar and other Asian countries to successfully conduct many raids against traders and manufacturers of counterfeits and infringing trademarked goods, seizing thousands of counterfeit and infringing products.

We invite you to visit our website for further information regarding our firm and its specialists.

Mr Chu Thanh TU, Partner
Commercial, Intellectual property, Litigation

Ms Ngo Thu HUONG, Partner
Intellectual property, Commercial, Technology, Education

Mr Do Van SU, Senior Associate
Patent, Trademark, Industrial Design

Intellectual Property Office of Vietnam (IP Vietnam)
384 - 386 Nguyen Trai Street
Thanh Xuan
Hanoi
Vietnam
Tel +84 24 85 83 069
Fax +84 24 38588449
Mail congnghethongtin@noip.gov.vn, vietnamipo@noip.gov.vn
www.ipvietnam.gov.vn

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int