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Author Archive | Dang Tran Vu

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Trademark case “ENSHU”: Obtaining consent from the citied mark to overcome the NOIP’s refusal

Recently, D&N International, representing ENSHU Limited, Japan, has successfully overcome the NOIP’s refusal of registration of the trademark “” on the ground that it is confusingly similar to the trademark “ENSHU” (“The Cited Mark”), protected under the Registration No. 121449 in the name of ENSHU Vietnam Limited Company (“ENSHU Vietnam”). Facts ENSHU Limited, Japan (“ENSHU […]

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Vietnam elected as chairman of WIPO General Assembly

On October 2nd 2017, at the first session of WIPO’s 57th General Assembly, representatives from 191 member states have elected the Vietnamese ambassador in Geneva, Mr. Duong Chi Dung, to the position of chairman of WIPO General Assembly for the term 2018-2019. As a chairman, Mr. Dung has directly conduct the meeting of WIPO General […]

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International classification of goods/services under Nice Agreement: New 11th edition applicable

Although Vietnam is not an official member of the Nice Agreement, it has long been using the International Classification of Goods/Services under the Nice Agreement for the purpose of trademark registration. According to the Notification No.  6983/TB-SHTT dated August 24, 2017 issued by the National Office of Intellectual Property (“NOIP”), from October 1st, 2017, the […]

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Response to the NOIP’s provisional refusal against the application for trademark “10-FLEX”: PROTECTION OF A TRADEMARK CREATED BY A SIMPLE NUMERAL AND A DESCRIPTIVE ELEMENT

Recently, D&N International has been successful in responding to the NOIP’s provisional refusal against the trademark “10-FLEX”. Significantly, in this case, the trademark is a simple combination of an indistinctive numeral and a descriptive element presented in a normal font which was considered lack of inherent distinctiveness. Facts TOZEN Corporation (a Japanese company) filed an […]

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Decree 43/2017/ND-CP: NEW REGULATIONS ON GOODS LABELLING

On April 14, 2017, the Government issued Decree No. 43/2017/ND-CP on goods labeling (“Decree 43”) replacing Decree No. 89/2006/ND-CP of the Government dated August 30th, 2006 (“Decree 89”). Decree 43 takes effect as of June 1st, 2017. Compared with Decree 89, Decree 43 has some new features as follows: Governing scope Decree 43 provides details […]

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Law on Technology Transfer No. 07/2017/QH14: AMENDMENT, SUPPLEMENT TO SOME ARTICLES OF THE 2006 LAW ON TECHNOLOGY TRANSFER

On June 19, 2017, the 14th National Assembly adopted the Law on Technology Transfer No. 07/2017/QH14 (the New TT Law) which amends, supplements some articles of the Law on Technology Transfer No. 80/2006/QH11 providing regulations on technology transfer activities (the Old TT Law). The New TT Law comes into effect as of July 01, 2018, […]

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The National Assembly approved 12 laws & 12 resolutions

The 3rd plenary session of Legislature XIV of the Vietnamese National Assembly (NA) concluded o­n June 21, 2017. In this session, the NA approved 12 laws including: Law on Support for Small-and Medium-sized Enterprises; Law on Foreign Trade Management; Law on Tourism; Law on Legal Assistance; Penal Code (Revised); Law on Management and Use of […]

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Circular 169/2016/TT-BTC: New regulations on fees for assessment of technology transfer agreement

On October 26, 2016, the Ministry of Finance (MOF) issued Circular No. 169/2016/TT-BTC (“Circular No. 169”) replacing Circular No. 200/2009/TT-BTC dated October 15, 2009 providing collection rates, regime of collection, payment, management and use of fees for assessment of technology transfer agreement. The details of fees are as follows:   For technology transfer agreement which […]

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Decree No. 28/2017/NĐ-CP dated 20 March 2017: amending and supplementing some articles of Decree No. 131/2013/NĐ-CP stipulating sanctions for administrative violations of copyright and related rights and Decree No. 158/2013/NĐ-CP stipulating sanctions for administrative violations in the fields of culture, sport, tourism and advertising.

On 30 March, 2017 the Government promulgated Decree No. 28/2017/NĐ-CP (“Decree 28”) to amend and supplement some articles of Decree No. 131/2013/NĐ-CP dated 16 October 2013 regulating sactions for administrative violations of copyright and related rights and Decree No.  158/2013/NĐ-CP stipulating sanctions for administrative violations in the fields of culture, sport, tourism and advertising. Decree […]

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