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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 […]
As of January 1st, 2018, the 2017 Criminal Code (“new Criminal Code”) will take effect, replacing the current 2009 Criminal Code which was adopted by the National Assembly in 1999 and amended in 2009 (“old Criminal Code”). Of note, the new Criminal Code was adopted on November 27th, 2015, but for some reasons, its effective […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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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