DAITIN & ASSOCIATES

Many applicants in Vietnam seek to speed up the patent process, which typically takes 3 to 5 years or more. These delays can impact a company's competitiveness and reduce the effective life of patents, limiting profit recovery. Therefore, quicker patent approvals are crucial. DAITIN & ASSOCIATES reports a recent development: Circular 23/2023/TT-BKHCN, issued by the Ministry of Science and Technology on November 30, 2023, allows the IP Office of Vietnam (VNIPO) to use foreign examination results to expedite patent applications. Under Article 16.9, VNIPO can now consider overseas search reports during the examination of Vietnamese patents. Vietnam has introduced a fast-track mechanism for patent examination, allowing applicants to submit results from recognized foreign intellectual property offices. This process can reduce examination time, lower local search costs, and facilitate quicker market entry for inventions. To qualify, applicants must meet specific conditions: the foreign examination result must come from a recognized patent office (such as EPO, USPTO, JPO, KIPO, or CNIPA), the Vietnamese application must not yet have a substantive examination result, at least one claim in the foreign result must be patentable, and the claims in the Vietnamese application must match those patentable claims. Applicants seeking to use foreign examination results must submit the following to the VNIPO: 1. A request for utilizing foreign results. 2. A copy of the examination results and translations. 3. Evaluated claims from the foreign office, with translations if necessary. 4. Any referenced documents from the foreign results. 5. A revised specification if modifications have been made. If accepted, the VNIPO may expedite examination and patent grants using these results. The Circular permits reliance on various patent offices, particularly the EPO, USPTO, and JPO, whose rigorous scrutiny leads to greater trust in their findings. In conclusion, Circular 23/2023/TT-BKHCN allows patent applicants in Vietnam to expedite the examination process by using foreign examination results. By following the procedural requirements, applicants can reduce the time needed for patent protection, enabling quicker commercialization of their innovations. #vietnam #iplaw #patent #intellectualproperty #fasttrack #daitin

In recent years, Vietnam's Original Equipment Manufacturer (OEM) export market has seen significant growth, attracting numerous foreign businesses seeking cost-effective production solutions. However, this expansion has brought with it a host of trademark challenges. Navigating these complexities requires a deep understanding of Vietnam's Intellectual Property Laws, particularly concerning the use of trademarks in export processing activities. This article delves into the legal intricacies and potential pitfalls that trademark owners and OEM partners must be aware of to protect their rights and ensure compliance in this dynamic market. #vietnam #iplaw #trademark #oem #intellectualproperty #daitin

Filing divisional applications is a strategic way to enhance an IP portfolio in Vietnam. This article offers essential tips on the legal framework, timing, and compliance requirements for applicants to secure strong patent protection. You can file a divisional application from a pending divisional, even if the parent application is patented, in accordance with the unity of invention requirement of the PCT. Voluntary divisions can be filed anytime before the IP Office issues a refusal or grant decision. After an office action response, the IP Office may issue a notice of allowance, further office action, or refusal, making outcomes unpredictable. It’s advisable to file divisional after a notice of allowance and payment of fees. If the IP Office objects to an application for not meeting the unity of invention requirement, the applicant can choose one invention for the parent application and file divisions for the others, either now or later, provided the parent has not received a refusal or grant decision. Filing fees for a divisional application match those of a regular application, excluding any priority claim fees. A divisional can include only subject matter disclosed in the parent application’s specification. For identical or equivalent patent applications: 1. The application with the earlier priority date is granted a patent. 2. If they share the same priority date, only one can be patented with mutual agreement. 3. If they have the same priority date and applicant, only one will be patented. A divisional application and its parent fall under the third scenario. The Guidelines for patent examination address overlap in double patenting. Claims with partially overlapping protection are not considered identical. For example, if a new application includes a different number range from another, the claims are distinct. Therefore, overlapping claims may not always raise double patenting objections. However, interpretations may vary, leading to inconsistent decisions by the IP Office, especially regarding divisional applications in Vietnam. A key aspect of filing patent divisions in Vietnam is the overlap issue. If an applicant files a divisional to secure a quick patent while also pursuing the parent application, they may face challenges. #vietnam #patent #divisionals #iplaw #ipoffice #daitin

In a significant move to modernize its digital landscape, Vietnam has introduced Decree No. 147/2024/ND-CP, set to take effect on December 25, 2024. This new decree replaces the previous Decree No. 72/2013/ND-CP and brings substantial changes to the management, provision, and use of internet services and online information. A key focus of Decree 147 is the overhaul of the domain name dispute resolution framework, aiming to clarify legal processes and address inconsistencies between Vietnam's intellectual property and information technology laws. #vietnam #domainname #dispute #decree147 #iplaw #daitin

Cambodia's Law on Seed Management and Plant Breeder's Rights, enacted in 2008, has recently begun allowing the registration of new plant varieties, effective March 1, 2024. Applicants must be Cambodian nationals, foreign nationals living in Cambodia, permanent residents of UPOV contracting countries, or those with a relevant memorandum of understanding with Cambodia. Additionally, applicants can claim a priority date from the first application filed for the same variety in any UPOV contracting party within 12 months. To be eligible for new plant variety protection, varieties must meet these criteria: 1. Novelty: A variety is "new" if it hasn't been sold or distributed by the breeder for:   - One year in Cambodia   - Six years for trees/vines or four years for other varieties elsewhere. 2. Distinctiveness: It must be clearly distinguishable from existing varieties. 3. Uniformity: It should be sufficiently uniform in relevant characteristics. 4. Stability: It must retain its essential characteristics through each propagation cycle and generation. The last three criteria are grouped as "DUS" for testing in the examination of new varieties. A variety denomination, which identifies the plant variety, is required. It should not confuse or mislead the public about the variety's attributes or the breeder's identity. Furthermore, it must not be similar to existing denominations in Cambodia or other UPOV Convention contracting parties. Only denominations registered in UPOV Convention contracting parties can be proposed in Cambodia unless deemed inappropriate for Cambodian culture. In such cases, the registrar will request a different denomination from the applicant. The Ministry of Industry, Science, Technology, and Innovation (MISTI) and the Ministry of Agriculture, Forestry, and Fisheries (MAFF) conduct the examination process. MISTI handles formalities, while MAFF conducts the substantive DUS test. If all requirements are met, MISTI grants plant breeder's rights and issues a Certificate of Grant after paying fees. Protection lasts 25 years for trees and vines and 20 years for other plants, with an annual fee required to maintain validity. The breeder's authorization is needed for any production, reproduction, conditioning for propagation, sale, marketing, importing, exporting, or stocking of a variety. Rights can be assigned or transferred in writing and must be recorded at the MISTI. Although often overlooked, plant variety protection is crucial in Cambodia's agriculture sector. A robust protection regime promotes domestic research and development, boosting productivity and crop quality. #cambodia #upov #plant #iplaw #intellectualproperty #daitin

In today's digital age, software piracy remains a significant challenge, particularly in rapidly developing markets like Vietnam. The headline "Navigating Software Piracy in Vietnam: Challenges and Strategic Solutions for Compliance" highlights the pressing issues faced by businesses and individuals in ensuring software compliance. This article delves into the complexities of software piracy in Vietnam, exploring the underlying causes, the impact on the economy, and the strategic measures that can be implemented to combat this pervasive problem. #Vietnam #software #piracy #copyright #iplaw #intellectualproperty #daitin

In the rapidly evolving landscape of intellectual property rights, the protection of individual voices is becoming a topic of significant interest. As Vietnam continues to refine its IP laws, questions arise about how these unique auditory elements can be safeguarded. This article delves into the current state of voice protection under Vietnamese law, exploring the mechanisms in place and the potential for future developments. Join us as we navigate the complexities of ensuring that individual voices receive the recognition and protection they deserve in the realm of intellectual property. #vietnam #iplaw #individualvoices #intellectualproperty #daitin

On November 9, 2024, Vietnam issued Decree No. 147/2024/ND-CP regarding the management and use of internet services, replacing the previous Decree No. 72/2013/ND-CP. Decree 147 will take effect on December 25, 2024. Decree 147 spans over 200 pages and includes 62 forms, addressing key internet topics such as internet services, domain names, social networks, online games, app stores, and the responsibilities of telecom and internet providers. It aims to enhance the regulation of illegal content and is expected to impact both onshore and offshore service providers in Vietnam significantly. Here are some key points from the new Decree 147 compared to the previous version, outlined below. Firstly, under Decree 147, foreign organizations and individuals must establish a local enterprise in Vietnam to provide online games to users. Cross-border online gaming is strictly prohibited in Vietnam. Secondly, offshore service providers, including social network and app store providers, must comply with stricter regulations if they lease data storage in Vietnam or receive 100,000 monthly visits from Vietnam for six consecutive months. Key obligations include: - Notifying the Authority of Broadcasting and Electronic Information (ABEI) of their contact details. - Monitoring and removing illegal content. - Storing user data as required. - Authenticating user accounts with Vietnamese mobile or ID numbers. - Annual and ad hoc reporting to the ABEI. - Handling user complaints. Only those who comply with ABEI notifications can offer livestream and revenue-generating services, with noncompliance leading to potential blocks and penalties. Additionally, telecom and internet providers must meet specific reporting and content control requirements for state management of cross-border information in Vietnam. Lastly, Decree 147 establishes different requirements for offshore and onshore social network services. Offshore providers with over 100,000 visits per month for six consecutive months must notify the ABEI of their contact details. Onshore providers reaching 10,000 visits or 1,000 regular monthly users need a Social Network License, while those with lower traffic require a Notification Certificate from the ABEI. Additionally, the decree regulates livestream activities by defining eligibility criteria for service providers and accounts conducting livestreams. In conclusion, Decree No. 147/2024/ND-CP significantly revises Vietnam's internet regulations, imposing strict requirements on domestic and international service providers. It seeks to improve online content management and services, creating a safer digital environment. Service providers must navigate these regulations carefully to avoid penalties and maintain their operations in the country. #vietnam #iplaw #internet #information #decree #daitin

In recent years, Vietnam has made significant strides in refining its intellectual property framework, particularly in the realm of patent opposition and observation mechanisms. The latest amendments to the Intellectual Property Law and related regulations have introduced more structured and transparent processes for third parties to challenge pending patent applications. This comprehensive overview delves into these enhancements, highlighting the critical differences between third-party observations and oppositions and underscoring the importance of these mechanisms in safeguarding intellectual property rights within Vietnam's evolving patent system. #vietnam #iplaw #patent #opposition #observation #intellectualproperty #daitin

Vietnam's Decree No. 147/2024/ND-CP, effective December 25, 2024, replaces Decree No. 72/2013/ND-CP and updates the domain name dispute resolution process. It aims to clarify the legal framework and address inconsistencies between intellectual property and technology laws. Key changes are summarized below. Firstly, Decree 147 omits specific actions for resolving domain name disputes, unlike Decree 72, which included negotiation, arbitration, and court options. This change has drawn criticism from IP practitioners for conflicting with the IP Law that allows administrative action. While the new decree implies acceptance of administrative methods, it fails to establish a dispute resolution forum aligned with the CPTPP's UDRP-like model. Additionally, Vietnam's existing forums do not fully meet UDRP standards, with further guidance expected from an upcoming circular. Secondly, Decree 72 lacks provisions for domain name deactivation, while Decree 147 outlines specific situations for deactivation, such as requests from authorities or the use of incorrect registration information. Thirdly, Article 16 of Decree 147 outlines three criteria for domain name dispute resolution: 1. Confusing similarity with the plaintiff's trademark or name 2. Lack of legitimate rights or interests by the defendant 3. Bad faith This provides clearer legal guidance compared to the broader interpretations of Decree 72. Fourthly, Decree 147 formalizes freezing disputed domain names during legal proceedings, a process initially outlined in Decree 72. It requires VNNIC to lock domain names at the authorities' request, enhancing regulatory power. However, civil lawsuits still face challenges, with only one preliminary injunction granted since the IP Law's enactment in 2005. Fifthly, Decree 147 establishes a 45-day grace period for plaintiffs to register a domain name after a successful dispute resolution, after which the domain becomes publicly available. This conflicts with the five-year enforcement period in the Law on Enforcement of Civil Judgments and is impractical due to delays, especially with foreign respondents. Additionally, it contrasts with the UDRP model, which mandates a 10-day transfer timeframe. Lastly, Decree 147 does not introduce new remedies beyond domain name cancellation and re-registration within 45 days. VNNIC may request additional documentation for transfer disputes, complicating the process. While it shows progress, the decree fails to resolve conflicts between IP Law and IT Law, particularly regarding legal fees. Furthermore, referencing "unfair competition" as evidence of bad faith overlaps with existing IP Law on domain disputes. In conclusion, Vietnam plans to unify its domain name dispute resolution under a UDRP-based model to streamline processes and safeguard brand owners' rights. The Ministry of Information and Communications will soon issue a circular providing clearer guidelines for handling domain disputes. #vietnam #domainname