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Author Archive | Dang Tran Vu

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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Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions

On March 16th, 2017, the Judicial Council of the Supreme People’s Court issued Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions. According to this Resolution, the following Court’s judgments and decisions will be published on the Court’s web portal: (i) First-instance judgments which are not appealed; appellate judgments; cassation and retrial decisions […]

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The “AOP” collective mark case: THE MATTER OF REGISTRATION OF A COLLECTIVE MARK

Recently, D&N International, on behalf of Association suisse des AOP-IGP, Sweeden (“Applicant”) has successfully overcome the NOIP’s provisional refusal to register the  collective mark for goods in classes 29, 30, 31, 32 & 33  (“the Applied Mark”).   Facts:   The Applicant filed an international application for registration of the Applied Mark in Vietnam. However, […]

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Circular No. 16/TT-BTTTT: New regulations on assignment of domain names

On June 28, 2016 the Ministry of Information and Communications (“MIC”) promulgated Circular No. 16/TT-BTTTT (“Circular 16/2016”) providing guidance for assignment of domain names granted without auction. Circular 16/2016 is effective as of August 15, 2016 and has the following main contents: Condition for assignment of domain names Pursuant to Circular 16/2016, from August 15, […]

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Circular No. 04/2016/TT-BCT: Amending, supplementing a number of the ministry of industry and trade’s circulars on administrative procedures in the fields of e-commerce, chemicals, liquor production amd trading, commercial franchising, goods purchase and sale via goods exchanges, energy, food safety and electricity.

On June 06, 2016, the Ministry of Industry and Trade (MOIT) issued Circular No. 04/2016/TT-BCT (“Circular No. 04”) amending, supplementing a number of previous circulars of the MOIT, including, among others, Circular No. 09/2006/TT-BTM dated May 25, 2006 guiding procedure on registration of franchising activities in Vietnam. According to Circular 04, requirement as to form […]

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