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Quotation for recordal of the change of the trademark owner name/address in Vietnam

By
sblaw
-

Question: Please offer the fees of change trademark owner name and address together and separately in Vietnam, the needing documents and time.

Answer:

Regarding your enquiries concerning the subject matter, we would like to advise you on the procedure and our fee schedule for recordal ofthe change of the trademark owner name/address in Vietnam as follows:

1. FEE SCHEDULE

Please be noted that the change of address without changing name is acceptable. Below is the breakdown of charges for change trademark owner name and address for one trademark in a smooth case, for your consideration:

Description Official Fees Attorney’s fees
1. Fee for record of change of the trademark owner  name/address for one trademark application/certificate 25.00 130.00
2. Communication Cost 30.00
Sub-Total 185.00
5% VAT 9.25
Bank charge 20.00
TOTAL 214.25

                                            In words: Two hundred fourteenUS dollar and twenty five Cents.

Note: The above-quoted fees are inclusive of Official Fees and Attorney Fees, 5% VAT; they do not include additional fees in case of refusal. In case of any office action which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

2. PROCEDURE AND TIMELINE

Normally, recordal of amendment in the applicant’s name for application/certification will be processed within 4-6 months from the filling date. However, in some cases, it will take longer due to backlog of the trademark applications of the NOIP or any possible shortcomings in examination process of trademark.

3. REQUIRED DOCUMENTS AND INFORMATION

– The copy of legal documents (ex. Business Registration)and/or Declaration about changing name/address which is notarized (form of the own client OR SBLAW’s form)

– The Original of trademark certificate for endorsement purpose (If the recordal is on Certificate)

– An original Power of Attorney with a simply signature of the Applicant (form of SBLAW). Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date.

Unauthorized access to computer networks, telecommunications networks or other people’s electronic means

By
sblaw
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Question:  What if someone stole a log-in credentials to gain access to our server to utilize i.e. without making a copy of the program on the user’s computer, what is our legal redress under Vietnam laws?

Answer:

We would like to advise as hereafter:

The activities in your scenario are crimes according to Criminal Code 2015. Namely, any person who deliberately bypasses the warning, hacks the password or firewall, or uses the administrator’s right of another person to infiltrate another person’s computer network, telecommunications network, or electronic device in order to take control, interfere the operation of the electronic device; steal, change, destroy, fabricate data or illegally use services shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 – 12 years’ imprisonment. depending on the seriousness of the crime (Article 289 of Criminal Code 2015).

In our opinion, you should not be so worried this matter because Vietnam has legal basis to punish the Hi-tech crimes which could be harm to your business activities in Vietnam. However, there is one major issue which is to specially identify who is infringing your products under your provided scenario. if we could identify, we will have legal foundation to action against such alleged person (s).

Quotation for Renewal of Trademark registration in Laos

By
sblaw
-

Question: Our company intends to renew its trademark registration in Laos. Would you please let us know the document(s) needed for such formality?

Answer:

Regarding your requirement, we would like to advise you on the procedure and fee schedule in relation to the renewal proceeding in Laos as follows:

  1. Information of Trademark Registration
Trademark Reg. No Expiry date Applicant
LOUIS ROEDERER 5817 April 19, 2018 CHAMPAGNE LOUIS ROEDERER

As stipulated, to avoid the invalidation of your trademark certificate, you must proceed the renewal of the above trademark certificate before the deadline April 19, 2018.

  1. Fee Schedule:
Description Official Fees

(USD)

 Attorney’s Fees

(USD)
1.    Fee for renewal for 01 trademark certificate in 01 class 198.00 100.00
4.   Communication Cost 30.00
Sub-total: 328.00
5% VAT 16.40
Bank charge 20.00
TOTAL

In words

 344.40

Three hundred fourty four US dollars and fourty cents

Note:  The above-quoted fees include 5% VAT of our service charge, bank charges and actual communication costs.

3. Procedure and Timeline

The total duration of examination of the renewal is around 01 – 03 months from the date of filing renewal application to the actual receipt of recored-renewal. However, in some cases, it will take further 01 – 03 months to examine of trademark renewal by the examiners due to backlog of the trademark applications of the Laos Intellectual Property Department or any possible shortcomings in examination process of trademark.

4. Required documents

–   The original of Trademark Registration Certificates (TMRC)

–   An original Power of Attorney with a simply signature of the Applicant (form of SBLAW).

–   An original notarized and legalized Declaration of renewal of trademark ownership (SBLAW’s form).

Quotation for Trademark Registration in Cambodia

By
sblaw
-

Question: We need to register our trademark in Cambodia. Could you please mail me the fee schedule of Trademark?

Answer:

Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our updated fee schedule in relation to the trademark registration proceeding in Cambodia as follows:

  1. Trademark information
Trademark: Please advise
Class: Please advise
  1. Fee schedule

Below is the breakdown of charges for registering a trademark for 01 trademark in 01 class in Cambodia in a smooth case, for your consideration:

2.1. Trademark searches (Optional) 

Trademark search in Cambodia

Description Official Fees

(USD)

 Attorney’s fee

(USD)
Fee for conducting searches for 01 trademark in 01 class 80.00 80.00
Bank charge 20.00
Total:

In words:

 180.00

One hundred and eighty US dollars

Note: The above-quoted fees do not include 5% VAT of our service charge, bank charges ($US 30.00) and actual communication costs ($US 20.00). 

2.2. Trademark registration in Cambodia

 

Description Official Fees (USD) Attorney’s fees (USD)
Fee for filing an application for 01 trademark in 01 class 200.00 150.00
Bank charge 20.00
Communication cost 30.00
400.00

Four hundred US dollars
TOTAL

Note:  The above-quoted fees do not include 5% VAT of our service charge. In case of any office action or possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

  1. Timeline
Country Time of trademark search

(working days)

  Time of registration
Cambodia 15 – 20 18 – 21 months

  1. Required documents
  • Name and address of the Applicant; (Please advise)
  • List of Goods/Services; (Please advise)
  • Specimen of the applied mark (in e-copy only); (Please advise)
  • Power of Attorney which is notarized (SBLAW’s form)

Inquiry about trademarks recordal of name or address in Cambodia

By
sblaw
-

Question: Our company would like to recordal a change of address/name with some trademarks in Cambodia. Please offer us your favorable fees, the needing documents and the needing time.

Answer:

Concerning your enquiries, we would like to advise you on the procedure and our fee schedule in relation to the change of name and/or Address Recordation in Cambodia as follows:

  1. Fee Schedule
Description Official Fees

(USD)

 Attorney’s fee

(USD)
Fee for Recordal of change of name/address for each trademark registration in Cambodia 90.00 80.00
Communication Cost 30.00
Sub-total: 200.00
5% VAT 10.00
Bank charge 20.00
TOTAL 230.00

  In word: Two hundred thirty US dollars 

  1. Procedure and timeline

Normally, recordal of amendment in the applicant’s name/address will be processed within 04-06 months from the filling date.

  1. Required documents:

–       The copy of legal documents and/or the original of Declaration of changing name/address which is notarized (form of SBLaw)

–       The Original of trademark certificate;

–       An original Power of Attorney which is notarized (form of SBLAW).

Fake, low quality pesticides ‘out of control’

By
sblaw
-

HCM CITY – A severe shortage of funds and personnel has resulted in such loose management of pesticides in the southern region that most of the market is “out of control,” agriculture officials say.

Each province has just two inspectors working for the Cultivation and Plant Protection Division. These two are responsible for managing and inspecting hundreds of small and big pesticide traders and thousands of products in the market.

In Bình Thuận Province alone, there are 780 shops and agents selling plant protection drugs spreading over nine cities, districts and towns.

The inspection office gets VNĐ100 million (US$4,400 approx) every year for inspection of production and trading of pesticides and fertilizers. This allows for just two inspections a year, covering about 200 to 300 shops.

The remaining is “out of control,” a Nông Nghiệp (Agriculture) newspaper report says.

It cites Đỗ Văn Bảo, head of the province’s Cultivation and Plant Protection Division, as saying that the cost of testing a sample is about VND550,000 ($24.4). At each inspection, depending on the State fund for management of “plant protection products,” about 12 to 15 samples are taken for testing.

Given that there are at least 1,700 products sold at the market, the number of samples taken for testing are insufficient to definitively ascertain if counterfeit or poor quality drugs are being stored and sold.

“Since we have a very limited budget, we only take a few samples for testing. We chose samples with suspicious signs of bad quality like curdled powder, sedimentation or precipitation,” Bảo said.

Đồng Nai Province has a large agricultural area and diverse crops, so the demand for pesticides is large.

According to the provincial Cultivation and Plant Protection Division, there are 12 plants and factories that produce, bottle and package pesticides, 15 trading companies and branches, and more than 400 agents and shops located in 12 cities, districts and towns.

The two inspectors in the division face many difficulties. They only can conduct two inspections a year, covering 10 to 20 agents per district.

Meanwhile, the testing of pesticide quality takes a lot of time and money, resulting in many production and trading violations.

In the first 10 months of this year, the division imposed fines of VND66 million in 27 out of 95 cases of violations discovered.

Most violations relate to trademark and business certificates. The division has not been able to find any violation related to fake and poor quality products.

The Nông Nghiệp report says that in recent years, most inspection reports from the Cultivation and Plant Protection divisions in southern provinces show less, and even no violations of counterfeit and poor quality pesticides, a highly improbable situation on the ground

The violations exposed are mostly the use of fake brand names, expired products, absence of business certification or expired certificates and the selling of pesticides in an establishment that is also selling food items.

“Fake pesticides commonly found in the markets are those carrying big brand names like Bayer, Syngenta, HAI and ADC. It is very difficult to detect the fakes by outside labels. Only producers can recognise them,” Bảo said.

“It is also very difficult for inspectors to recognize the fake products without proper co-ordination with enterprises and the police,” he said, adding, “we cannot do that with very few people and little funding.”

In fact, pesticides carrying fake labels of famous brands have been in the market for a long time. This problem is considerably worsened when the pesticide itself of spurious, low quality being sold cheaply.

Last month, a packaging company in HCM City’s Tân Phú District was discovered printing fake labels of a well-known pesticide producer.

Some Cultivation and Plant Protection divisions in the Mekong Delta have admitted that they have not being doing an effective job of detecting fake pesticides and poor quality products.

Bùi Văn Kịp, technical director of the Bayer Company, said that the divisions only focus on inspection and detection of shops and agents, while the root of the problem lies in production, which receives far less attention. — VNS

Source: http://vietnamnews.vn/society/417266/fake-low-quality-pesticides-out-of-control.html#X0uUtjzDwEhyYDe4.97

SBLAW Is Ranked Top 1 In The Field Of Intellectual Property By The Legal 500

By
sblaw
-

SBLAW is ranked by The Legal 500 as Top 1 by the Legal 500 for the year of 2018, we would like to show the comments from this organisation.

SB LAW’s ‘professional, responsive and experienced team’ provides ‘an excellent service’. Pham Duy Khuong advises well-known Vietnamese and international businesses on dealing with counterfeiting and other infringement, as well as handling international registrations and freedom to operate checks, among other work. Khuong advised Sabeco, which produces Saigon Beer, on registering its trade marks in the US, Laos, Thailand and Malaysia. Other clients include Canal+, Vinaphone and Harvest Corporation. Patent highlights include advising on registrations of chemical, pharmaceutical and medical patents, as well as assisting with industrial design registration. Nguyen Tien Hoa is also involved in key mandates.

Please see this link:

https://www.legal500.com/c/vietnam/intellectual-property/local-firms

Quotation for Trademark Registration in LAOS

By
sblaw
-

Question: Kindly provide us your charges for conducting trademark search & filing through registration and the relevant documents to proceed the application in LAOS.

Answer:

Thanks for your email regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our updated fee schedule in relation to the trademark registration proceeding in Laos as follows:

  1. Trademark information
Trademark: Please advise
Class: Please advise
  1. Fee schedule

In Laos, multi-classes application is acceptable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for registering a trademark for 01 trademark in 01 class in Laos in a smooth case, for your consideration:

2.1. Trademark searches (Optional)

Works Official Fees Attorney Fees
(USD) (USD)
Fee for conducting trademark search for 01 trademark in 01 class 100.00 80.00
Bank charge 20.00
Subtotal 200.00
5% VAT 10.00
TOTAL 210.00
Two hundred and ten US dollar

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT, bank charge and communication cost

2.2. Trademark registration in Laos

Description Official Fees (USD) Attorney’s fees (USD)
Fee for filing an application for 01 trademark in 01 class 240.00 120.00
Bank charge 20.00
Commutation cost 40.00
Subtotal 420.00
5% VAT 21.00
441.00

Four hundred and forty one US dollars
TOTAL

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT, bank charge and communication cost; do not include additional fees in case of refusal in examination or being opposed by the third party (e.g: due to similarity/to identity with other trademarks which were already registered…). In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

  1. Timeline
Country Time of trademark search

(working days)

  Time of registration
Laos 15 – 20 10 – 12 months
  1. Required documents and information 

      Name and address of the Applicant;

      List of Goods/Services;

      Specimen of the applied mark (in e-copy only);

      An original Power of Attorney which is notarized (SBLAW’s form)

Vietnam elected WIPO General Assembly Chairman

By
sblaw
-

Ambassador Duong Chi Dung, head of Vietnam’s Permanent Mission to the UN, the WTO and other international organisations in Geneva, has been elected Chairman of the World Intellectual Property Organisation (WIPO) General Assembly for 2018-2019.

The election was made by representatives of all 191 WIPO member countries at the WIPO General Assembly’s 49th session that opened in Geneva on October 2.

Ambassador Dung was the candidate of countries in the Asia-Pacific region, which has not had any representatives serving as Chairperson of the WIPO General Assembly for 12 years.

He said his election with the absolute support of the all 191 member countries showed their trust in and support to Vietnam. It was also the result of active contributions by the Vietnamese mission in Geneva and himself to WIPO’s activities.

He also appreciated the Vietnamese mission’s strong electioneering and the solidarity among ASEAN and Asian-Pacific nations which advocated Vietnam’s candidacy.

The country’s candidacy for and election as the Chair of the WIPO General Assembly are to continue demonstrating Vietnam’s multilateral foreign policy and being a responsible and proactive member with practical contributions to the building of policies and regulations at multilateral organisations and forums.

The WIPO General Assembly, founded in 1967, is one of the 16 specialised agencies of the United Nations.

WIPO is the first and also the most important partner of Vietnam in terms of international cooperation in intellectual property. It has provided the country with much assistance in law making, capacity building, personnel training, and public awareness improvement.

Source: http://en.nhandan.com.vn/politics/external-relations/item/5541202-vietnam-elected-wipo-general-assembly-chairman.html

Vietnam promotes e-filing system at intellectual property office

By
sblaw
-

 Vietnam will work harder to raise public awareness of e-filing system in intellectual property (IP) registration, which has been put into place earlier this year by the National Office of Intellectual Property of Vietnam (NOIP), said Le Ngoc Lam, NOIP deputy head.

The system benefits both file submitters and IP agencies, Lam told Vietnam News Agency reporters on the sidelines of the 45th meeting of the Intellectual Property Experts Group (IPEG) in Ho Chi Minh City on August 22.

To intensify the e-filing system, it is necessary to ensure smooth procedures and IP agencies should make thorough preparations in order to deal with piles of dossiers, the official noted.

This is also one of the two initiatives presented by Vietnam at the IPEG meeting, together with the country’s joining of The Hague Agreement Concerning the International Registration of Industrial Designs in the coming time, Lam said.

The agreement could be useful for Vietnamese enterprises which want to register for IP rights in other countries, the official said, noting that Vietnam is making all-out efforts to ensure that the country can engage in the document without having to amend relevant domestic laws.

Since some articles of Vietnam’s Law on Intellectual Property, which has been put into operation for ten years, have not matched The Hague Agreement, Vietnam needs to raise their own voice in this regard.

Developing an e-environment which should be strong enough to accelerate Vietnam’s participation in the agreement remains a big challenge to the country, especially in the context of the poor domestic information infrastructure, Lam noted.

Takashi Koyama, Director of Intellectual Property Affairs Division at Japan’s Ministry of Foreign Affairs, told VNA reporters that Japan has cooperated with Vietnam in terms of developing the e-filing system, which, he said, is very beneficial to users, including Japanese companies.

He said the system helps reduce written requirements or documents, and time of examinations and trademark publication, he said, adding that stakeholders can easily obtain the right to make use of this in Vietnam so that they can invest in the country.
Japan can cooperate with Vietnamese agencies to enhance public awareness of IP rights by adopting several measures upon their request, the official said.

“Recently our Government focuses on education, not only the university level but also elemental school and high school or junior high-school level,” he said, adding that the move aims to equip students with knowledge about IP.

The ongoing 45th meeting of IPEG creates a venue for APEC member economies to exchange information and experience in the IP sector.

The delegates discussed enhancing the IP system in remote areas of APEC economies, promoting the use of the trademark registration system through technology and simplification, examining the gender gap in IP to improve outcomes for women, and enhancing access to the IP system for small and medium-sized enterprises, among others.

They highlighted practical cooperation in this field between the APEC member economies.

Source: http://en.vietnamplus.vn/vietnam-promotes-efiling-system-at-intellectual-property-office/116694.vnp

The Minister of Science and Technology has handed over the Decision on appointment of the Director General of the National Office of Intellectual Property and De

By
sblaw
-

On 06/3/2017, the Minister of Science and Technology has announced and handed over the Decision appointing Mr. Dinh Huu Phi to hold the position of Director General of the National Office of Intellectual Property and Mr. Pham The Dung to hold the position of Deputy Director General of the State Agency for Technology Innovation.

On behalf of the appointed officers, the Director General of the National Office of Intellectual Property, Mr. Dinh Huu Phi expressed his thanks to the Minister and other Leaders, the Party Committee, as well as all the officials who have entrusted them. Mr. Dinh Huu Phi promised to try his best to fulfill the task and to continue to make good contribution to his duties and wish to continue to receive support of the Ministry’s Leaders, to close cooperate with units in the Ministry to fulfill the tasks for the development of science and technology.

Source: http://english.vipri.gov.vn/tin-tuc/shtt-trong-nuoc/the-minister-of-science-and-technology-has-handed-over-the-decision-on-appointment-of-the-director-general-of-the-national-office-of-intellectual-property-and-de-41722.html

Record Year for International Patent Applications in 2016; Strong Demand Also for Trademark and Industrial Design Protection

By
sblaw
-

China’s ZTE Corporation overtook its crosstown rival Huawei Technologies as the biggest filer of international patent applications via WIPO in 2016 and U.S.-based Qualcomm Inc. claimed third position amid another year of strong demand for WIPO’s intellectual property filing services for patents, trademarks and industrial designs.

Overall, applicants based in the United States maintained their number one ranking for the 39th year running, accounting for roughly a quarter (24.3%) of the 233,000 applications filed under WIPO’s Patent Cooperation Treaty (PCT) in 2016 – itself a 7.3 percent year-on-year increase  – followed by applicants in Japan (19.4%) and China (18.5%), with the latter driving the overall growth in demand. Digital communications and computer technology showed the greatest activity by sector.

Similar to the PCT, demand grew by 7.2 percent for WIPO’s international trademark filing service (Madrid System), which saw 52,550 applications, while the number of industrial designs handled by WIPO’s Hague System rose 13.9 percent to 18,716 – it is the seventh year in a row of growth in all three WIPO filing systems, which save filers time and money.

“In an interlinked, knowledge-based global economy, creators and innovators  are increasingly relying on intellectual property to promote and protect their competitive edge around the world,” said WIPO Director General Francis Gurry. “China-based filers are behind much of the growth in international patent and trademark filings, making great strides in internationalizing their businesses as the country continues its journey from ‘Made in China’ to ‘Created in China’.”

Patents

In 2016, U.S.-based applicants filed 56,595 PCT applications, followed by applicants from Japan (45,239) and China (43,168), which has posted double-digit growth each year since 2002. If this current trend continues, China will overtake the U.S. within two years as the largest user of the PCT System. Germany and the Republic of Korea with 18,315 and 15,560 applications were ranked fourth and fifth, respectively (Annex 1  PDF, Annex 1: PCT international applications by origin). China and India (1,529) are the only two middle-income countries among the top 15 origins.

In total, Asia accounted for 47.4% of total PCT applications, just short of the combined share of Europe (25.6%) and North America (25.3%).

Among the top 15 origins, China recorded extraordinary growth (+44.7%), while Italy (+9.3%), Israel (+9.1%), India (+8.3%) and the Netherlands (+8%) also saw strong growth rates. In contrast, Canada (-17.3%) – for the second consecutive year – saw a substantial decline in filings, linked to declining applications from RIM/Blackberry and Nortel.

Shenzhen -based telecoms companies – ZTE Corporation (4,123 published PCT applications) and Huawei Technologies (3,692) –  occupied the top two spots in the list of top PCT applicants, with ZTE moving up two spots to push Huawei out of the leader position. They were followed by Qualcomm Incorporated of the U.S. (2,466), Mitsubishi Electric Corporation of Japan (2,053) and LG Electronics of the Republic of Korea (1,888). The top 10 applicant list comprised seven companies from Asia and three from the U.S. (Annex 2  PDF, Annex 2: Top PCT applicants).

Among educational institutions, the University of California  – with 434 published PCT applications – was the largest user of the PCT System and has maintained that position since 1993. Massachusetts Institute of Technology (236) was ranked second followed by Harvard University (162), Johns Hopkins University (158) and the University of Texas System (152) (Annex 3  PDF, Annex 3: Top PCT applicants by educational institution). While the top 10 is dominated by U.S.-based institutions, top 20 list consists of 10 U.S. and 10 Asian universities.

Digital communication (8.5%) accounted for the largest share of published PCT applications, followed by computer technology (8.2%), electrical machinery (6.9%) and medical technology (6.8%) (Annex 4  PDF, Annex 4: PCT international applications by field of technology). Among the top 10 technologies, medical technology (+12.8%) optics (+12.7%) and digital communication (+10.7%) saw the fastest growth in 2016.

Trademarks

U.S. applicants (7,741) filed the largest number of international trademark applications using WIPO’s Madrid System for the International Registration of Marks in 2016, closely followed by Germany (7,551), France (4,132), China (3,200) and Switzerland (3,074). China, Turkey (1,221; ranked 12th) and the Russian Federation (1,176; 13th) are the only three middle-income countries in the top 15 list (Annex 5  PDF, Annex 5: Madrid international applications by origin and designated members).

Among the top 15 origins, China saw the fastest growth (+68.6%) in 2016, followed by the Russian Federation (+32.7%), Italy (+14.4%) and the Netherlands (+14.1%). Austria (-3.8%), France (-0.4%), the Republic of Korea (-0.5%) and Switzerland (-2.4%) saw filing declines.

L’Oréal of France with 150 applications headed the list of top filers, followed by Glaxo Group of the U.K. (141), Germany’s BMW (117) and Lidl (112). Swiss company Novartis, which was ranked in first position in 2015, filed 100 fewer applications in 2016 and with its 94 applications now ranks in fifth position (Annex 6  PDF, Annex 6: Top Madrid applicants).

Computers and electronics was  the most specified class in international applications accounting for 9.4% of the total, followed by services for business (7.6%) and technological services (6%). Among the top 10 classes, technological services (+11.3%), and computers and electronics (+10.6%) saw the fastest growth.

China (with 22,314 designations), the European Union (21,526) and the U.S. (20,979) were the three most designated members in international Madrid applications. Middle-income countries such as the Russian Federation (14,604), India (11,105), Mexico (9,098) and Turkey (8,679) also received substantial numbers of designations in 2016. China has been the top designated country since 2006.

Industrial designs

International industrial design applications filed via WIPO’s Hague System for the International Registration of Industrial Designs grew by 35.3% in 2016. While designs contained in those applications grew by 13.9%. The 5,562 applications filed in 2016 contained 18,716 designs (Annex 7  PDF, Annex 7: Hague international applications by origin and designated members).

Germany with 3,917 designs was the largest user of the Hague System, followed by Switzerland (2,555), the Republic of Korea (1,882), the U.S. (1,410) and the Netherlands (1,317). Among the top 10 origins, Japan (+109.2%) and Turkey (136.5%) each saw substantial growth in 2016, albeit from a low base.

Fonkel Meubelmarketing of the Netherlands (953 designs) overtook Samsung Electronics of the Republic of Korea (862) as the largest user of the Hague System. The Republic of Korea’s LG Electronics with 728 designs was in third position, followed by Swatch of Switzerland (383) and Procter & Gamble of the U.S. (348) (Annex 8  PDF, Annex 8: Top Hague applicants).

Furnishing accounted for the largest share of total designs (11.3%), followed by recording and communication equipment (10%), means of transport (7.8%) and clocks and watches (6.9%).

The European Union with 14,952 designs was the most designated Hague member in applications. It was followed by Switzerland (8,811), Turkey (6,137), the U.S. (4,722) and Norway (3,324).

Source: http://english.vipri.gov.vn/tin-tuc/hoat-dong-shtt-quoc-te/record-year-for-international-patent-applications-in-2016-strong-demand-also-for-trademark-and-industrial-design-protection-41731.html

Australia: IP Australia launches intellectual property mediation service

By
sblaw
-

On 10 July 2017, IP Australia launched its IP Mediation Referral Service. The intent of the service is to encourage intellectual property disputes to be resolved more cost effectively through mediation instead of litigation or other adversarial procedures. What is the IP Mediation Referral Service

The IP Mediation Referral Service currently contains a list of mediators with specialisations in certain areas of intellectual property. Users of the service can view the pricing, qualifications and experience of the mediator and contact the mediator if they wish to engage the mediator.

IP Australia claims that globally up to 70% of intellectual property disputes that go to mediation are successfully resolved through the mediation.

Start-ups and small to medium-sized enterprises are particularly targeted by the service, as these groups will often be in need of a lower cost and less formal approach to resolving IP related disputes.

Assistant Minister for Industry, Innovation and Science, Craig Laundy acknowledged that the value of intellectual property is directly linked to the ability of the intellectual property owner to protect it in a cost effective manner.

Making the protection of intellectual property more accessible to Australians is important to fostering an innovative culture and encouraging entrepreneurship.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: http://www.mondaq.com/australia/x/615214/Trademark/IP+Australia+launches+intellectual+property+mediation+service

IP rights violations alarm agencies

By
sblaw
-

Many Vietnamese food producers have reported breaches and misuse of their brand images, with not only domestic firms but also foreign firms violating Vietnamese producers’ intellectual property (IP) rights.

During a Wednesday forum in HCM City on the food sector’s protection of IP rights, the HCM City Market Watch reported a rising trend in the production, commercialisation and consumption of counterfeit goods, especially in the food and processed food sector.

The authority also commented that the technology and production scale of counterfeit goods are also increasing, with just about every popular food product being copied by a horde of cheap knockoffs and blatant infringements of the original’s trademark.

In recent years, with more free trade agreements signed by Viet Nam, domestic producers are facing an increasing number of IP infringements, with some serious cases involving household names such as Phu Quoc fish sauce or Trung Nguyen Coffee.

The authority believes the problem must be stopped at its roots, by encouraging consumers to boycott the use of counterfeit goods and increasing the severity of punishments for knockoffs producers.

Ly Kim Chi, chairwoman of the Food and Foodstuff Association of HCM City (FFA), stressed that there must be unanimous implementation of multiple solutions from both firms and market control authorities.

This means firms should invest in better, more up to date production technology and branding processes, while market control agencies must look for counterfeit goods more actively.

Chi advised firms to register their trademarks for optimal IP rights protection, which should include their trademarks, copyright, patents, industrial design rights, and even trade secrets. Firms would also benefit from complying with regulations on certificates of origin, such as barcode registration, and plan a long term IP protection strategy.

Phan Hoan Kiem, deputy head of the HCM City Department of Industry and Trade (DIT), said he believed the only way to fully deal with counterfeiting is for authorities, firms and consumers to work together.

Food for thought

Nguyen Thanh Phuong, a representative from the HCM City Market Watch, said that not only are counterfeit goods produced by domestic units, but they are also imported from foreign makers through illegal routes.

He noted that domestically produced knockoffs are made in parts by different people in different places and packaged in yet another place, making it hard for authorities to trace their origin.

Phuong explained that counterfeit food production begins once producers receive an order from a chief distributor, after which the imitation trademark and origin certificate are applied onto the products.

The final knockoffs are delivered to sellers or users without any inventory outstanding for the producers, out of fear that authorities will conduct inspections and discover the fraud. The same process applies for foreign counterfeit food, though Phuong noted that besides illegal trade routes, these goods can enter Viet Nam through borders gate as well.

Other experts at the forum said that the level of complexity in the technology used to produce these counterfeit goods is so great that even the authorities would struggle to tell the original and the knockoffs apart. Only certified original producers could use their own trade secrets to discover the imitation and confirm IP rights infringements.

Experts also said that counterfeit goods workshops tend to either be in densely populated areas or remote suburban regions, with the locations changing regularly to avoid inspections.

Currently, there are a multitude of knockoffs being sold in the country, including not only popular food products, but also household goods, electronics, clothes, makeup, pharmacies, construction materials, automobile spare parts and telecommunication devices.

According to Kiem, exposing knockoff production rings has been difficult for authorities, and he predicted the challenges to increase, unless firms and consumers also take action.

In the first six months of 2017, 310 cases of counterfeit production were exposed, while 2016 saw 1,653 cases with total fines of nearly VND17 billion (US$757,238).

The forum was organised by the DIT and the FFA, focusing on eliminating counterfeit production and raising awareness of the importance of IP rights protection.

VNS

Source: http://english.vietnamnet.vn/fms/business/185267/ip-rights-violations-alarm-agencies.html

GRANT OF PROTECTION OF GEOGRAPHICAL INDICATION “KAMPOT” FOR PEPPER PRODUCT

By
sblaw
-

On December 28, 2016, the National Office of Intellectual Property of Vietnam issued Decision No. 5065/QĐ/SHTT to grant the Geographical Indication Certificate No. 00054 for the famous Kampot pepper product. For Kampot pepper is protected the in Cambodia.

Kampot is the name of a region in Cambodia. Kampot pepper was mentioned in reports from Chinese explorer Tchéou Ta Kouan in the 13th Century. From the 19th Century to the first half of 20th Century was the golden age of Kampot pepper. Kampot pepper product was not only well-knowned in Cambodia but also in foreign countries such as France. It is regarded as a high quality pepper by chefs in France and Europe.

Kampot pepper can be produced in the following types: Black pepper, full berry; Red pepper, full berry; White pepper, full berry; Green pepper, full berry or cluster; Ground black pepper.

Property and quality of the different types of Kampot pepper are described as following:

Black pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 4 mm; Density ≥ 570 g/l.

-Color: Dark black, black, brown black or grey black. It has no color of soil, dust and mold. The receptacle is less than 5%.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

-Other: Tolerance is maximum 5% for the size of berries and less than 2% for the color.

Red pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 4 mm; Density ≥ 570 g/l.

-Color: Brown red or dark red. It has no color of soil, dust and mold. The receptacle is less than 1%.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

White pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 3 mm; Density ≥ 600 g/l.

-Color: Grey white with little yellow or color of soybean husk. It is natural color that does not add anything to change. It has no color of soil, dust and mold.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

Green pepper:

-Form: Cluster of fresh berries or soaked in salt/vinegar.

-Diameter & Density: Each cluster has at least 10 berries; Ø ≥ 3 mm.

-Color: Fresh berry is dark green; color of soaked berry is still green and it can’t be changed to brown or black.

-Smell: Smell of the cluster of fresh berries is the same smell of herbal green pepper, it is not hot. When pepper is ground, its smell is very hot but easy to lose. It has no smell of dust and mold.

Black pepper powder:

-Form: Small pieces of ground black pepper

-Diameter & Density: It is the powder but not too fine. It exist small piece that we can see.

-Color: Dark grey and some black points.

-Smell: Smell of pepper is strong and slowly spreads out.

Kampot pepper is known for its quality and property that can’t be imitated thanks to a combination of natural geographic conditions and the only traditional method and the secret is used by Kampot pepper producers.

Because geographical feature located close to the coast, the typical climate of this area is the oceanic climate. Peppers are planted on the hillock or base of the mountain, on gravelly soil or laterite sand, in well drained area and drains are constructed around the land plot, at least 80 cm of depth.

Two varieties which produce the Kampot pepper are Kamchay and Lampong (or Belantoeung). The locals call them respectively as “small leaves” and “big leaves” varieties. Those varieties must be sourced from the delimited geographical indication area of Kampot pepper.

Peppers are planted on small and straight beds. The distance between two rows must not be less than 1.80 meters. A shelter has to be built and installed on the planting area until peppers reach at least 3 years. It is no longer allowed to use brick poles for growing Kampot pepper.

The locals apply fertilizers (only natural fertilizers) at least once a year between mid-May and July. Fertilization is depended on the growers every 4th year. Water is supplied during the dry season (from November to April). The land plot must be supplied with exogenous soil at least once every 2 years if the soil is swept away by flood waters. From June to December, the soil must be hoed to break up. Pests are controlled by natural means before using chemical pesticides in blue and green. The guide on good use of pesticides of the Ministry of Agriculture, Forestry and Fisheries of Cambodia shall be followed.

In harvest time, containers for collecting Kampot pepper should be cleaned with soap or detergent. Pepper is harvested as follows:

-Black and red pepper can be harvested by cluster or berry. The harvest shall start on 1st January and finish by 31st May of the same year when the stems of cluster of berries start turning into yellow and until some berries start being ripe. It is harvested several times during the whole harvesting season.

-Red pepper is produced by a selection of only fully ripe berries either while at the time of the harvest (harvesting by berry) or by sorting the red berries after the harvest is completed.

-White pepper is produced from red or ripe berries. After harvesting, berries are soaked in boiling water within 5 minutes and then soaked in cool water within 48 hours. After that, the husk will be removed in order to get white pepper.

-Green pepper is harvested in dry season and rainy season. Green pepper can be sold and consumed immediately after harvesting. It can be soaked in bittern or vinegar.

The following Process is to remove strange objects from the outside, the berries of other color and all the rest of the tree. For black pepper, the producers must clean gathered pepper or dried pepper and put it in the water within 5 minutes.

Dried pepper is preserved in a ventilated place, away from sunlight and moisture, and not put on the ground.

After harvesting, pepper is dried on nylon, mat or canvas which is placed on the clean and disinfectant cement foundation.

Producers will classify pepper for the last time before packaging. Product is packaged in a new material which is not contaminated, suitable for food and does not react with pepper. The packaging must be done in the delimited geographical indication area.

The expiry date of pepper is as follows:

-Black, red and white pepper: 3 years from the harvest season (no later than 31st May);

-Black pepper powder: 1 year from the date of grinding;

-Green pepper:

Fresh pepper: 7 days from the harvesting date;

Pickled pepper: 1 year from the date of processing;

Geographical area:

-Kampong Trach, Dang Tong, Toeuk Chhou, Chhouk and Kampot city of Kampot province, Cambodia.

-Kep city and Damnak Chang Aeur district of Kep province, Cambodia.

Geographical Indication and International Trade Mark Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=01EC6BA7E7E6B93447258183000E2DCC

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