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Patent protection in Vietnam under the new legislation

Despite backward technology and high proportion of foreign ownership in registered patents (over 90%), Vietnam has developped a relatively comprehensive legal framwork for patent protection since 1990s. It includes the Civil Code 1995 (Part VI), Decree 63 of the Government guiding the implementation the Civil Code 1995 with regard to industrial property and Circular 34 […]

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Trademark Protection under the new IP Law in Vietnam

During recent years, in line with the improving awareness of domestic busisnesses and consumers on the protection of trademark rights, Vietnam has made great efforts in reforming its protection system. At present, trademarks are protected under the Amended Civil Code 2005 which came into effect as of January 1, 2006 and the new Law on […]

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Franchise regulations in Vietnam

While franchising is very common in international trade practice, in Vietnam it was dealt with for the first time in the new Commercial Law which came into effect on January 1, 2006. Since the beginning of this year, the legal framework governing franchising activities has been completed with Government Decree n° 35-2006-ND-CP dated March 31, […]

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Decree 116 on implementation of the Competition Law

On September 15, 2005, the Vietnamese Government has issued Decree No. 116-2005-ND-CP (Decree 116) providing detailed regulations on implementation of a number of Articles of the Law on Competition. To date, Vietnam Competition Law was promulgated by the National Assembly of Vietnam on December 3, 2004 and came into force on July 1st 2005. It […]

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Harrods case story

Harrods of the U.K. has been the well-known brand symbolizing high grade fashion designs and the reliability. The exclusively authorized Harrods branded fashion stores have been operational across the globe from well-known gleamy fashion hubs such as London, Milan, Paris to NewYork. Together with the fame and prestige, Harrods has been the target for brand […]

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The first time Vietnamese authorities have dealt with Vietnamese copyright infringers using internet

Elsevier of USA is the world’s leading publisher of science and health information and it serves more than 30 million scientists, students, and health and information professionals worldwide. In 2007, it dicovered that some individuals (“the Subject”) in Vietnam infringed its copyrighted scientific works. D&N International is chosen by Elsevier as its legal counsel in […]

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The HWASUNG Trademark Case

SH-VINA Cable Co., Ltd vs. Thien Phu Industrial Co,. Ltd.   The pending dispute between SH-Vina Cable Co.,Ltd and Thien Phu Industrial Co.,Ltd. over the ownership of the trademark HWASUNG has raised some important questions about the application of the Vietnamese Trademark Law, especially those relating to the «first to file» principle and grounds for […]

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The second software copyright case before the court

According to the local press, on January 17, 2007 Hanoi Economic Court accepted a complaint filed by Hanoi Software Company (« Hanoi Software ») against Thuong Mai So Company (« Thuong Mai So ») for infringing copyright over its software WEB++. Of note, one year and a half after the settlement by Ho Chi Minh City People’s Court of […]

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