- Email: rubby@ipcells.com
Ipcells & Associates International has strong and intensive experiences in representing clients before State competent authorities in litigation and enforcement actions in connection with IP subject matters
Litigation & Enforcement in Vietnam
Ipcells & Associates is one of the most reliable and experienced Intellectual Property Agent specializing in the full-range of then Intellectual Property services, from the registration, prosecution, transactional services to litigation and enforcement of IP rights.
Our service in Litigation & Enforcement including
· Potential infringement searches, market survey for use or non-use
· Investigation and opinion on infringement, unfair competition, domain names disputes, trade secrets and copyrights.
· Mass-media warning and undertaking Cease and Desit Letter to stop infringement;
· Carry out raid actions against the infringement of IP rights;
· Obtaining the injunctions and border measures from the Customs to settle cases of infringement of IP rights;
· Representation in IP litigation before Courts.
In case you require more information or require advice on Enforcement as well as other IP matters in Vietnam, please do not hesitate to contact us via Mail: rubby@ipcells.com
The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.
When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.
5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.
The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:
(i) manufacturing products using a patented design;
(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.
Yes. If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others
The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.
When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.
