IP NEWS

NEW RULES ON HANDLING IPR INFRINGEMENT IN VIETNAM - CORPORATE NAMES THAT INFRINGE INDUSTRIAL PROPERTY RIGHTS SHALL BE RESOLVED

From 20th of May 2016, Joint Circular No. 05/2016/TTLT-BKHCN-BKHDT (Circular 05) by Ministry of Science and Technology (MOST) in coordination with Ministry of Planning & Investment (MPI), detailing and providing guidance on handling IPR infringement in Vietnam came into effect.

The infringement on corporate names (especially on trademark) has been rising due to the entrepreneurship establishment’s sharp increase. However, the lack of detailed guidelines of dispute resolution affects the intellectual property rights of the owner.

DECLARATION OF INTELLECTUAL PROPERTY RIGHT IN MYANMAR

Intellectual Property right in Myanmar has not been yet protected by an official IP law, which is desired to be enacted in 2016. Therefore, IPRS are currently registered under the Registration Act by filing a Declaration of Ownership at the Office of the Registrar of Deeds in Yangon, Myanmar (ORD). Therefore, Intellectual Property right in Myanmar has not been yet protected by an official IP law, which is desired to be enacted in 2016.

IPRS are currently registered under the Registration Act by filing a Declaration of Ownership at the Office of the Registrar of Deeds in Yangon, Myanmar (ORD) under section 54 of the Specific Relief Act by filing a Declaration of Ownership for Patent/Design/Trademark at the office of the Sub-registrar of Deeds and Assurances in Yangon and then followed by Cautionary Notice. Such registered Patent/Design/Trademark Declaration of Ownership is considered as "registration". The "registration" alone does not give the declarant [patentee] the right to ownership. However, the registration provides the declarant with the corroborative evidence of use if action has to be taken in the courts of law regarding ownership. In addition, the registration is a relevant evidence for purpose of determining the date since which the declarant had intended to claim his patent/design. Once registered, the registration in coordination with the proof of first use and development of economic value of the patent allows patentee to sue third parties for infringement of his patent right in litigation at the Court.

TRAMARK APPLICATION IN CAMBODIA - MULTI CLASS ARE NOW ACCEPTED

Since June 5, 2015 Cambodia joined the Madrid Protocol for the International Registration of Marks. On September 28, 2015 a number of improvements to trademark application in Cambodia recently came into effect, making the system easier and faster for applicant. The most notably change is the country now adopted the multi class application system for trademarks. One application can now cover multi classes of products and/or services.

However, the applicant should also take note that if the trademark search is not done or there may be risks of citations, single class trademark application in Cambodia should be considered. The reasons are:

• If the trademark application in Cambodia is refused for one class, the time for approving the remaining classes may extend;
• Examination on multi class trademark application is more time-consuming in comparison with the single one; and
• In case the trademark owner wishes to assign one class of goods/services, he must transfer the whole classes of the registered mark.

Unlike the other countries, the official fees are not reduced for each additional class designated in the same trademark application in Cambodia but remain the same as if the first one.

These changes represent significant improvements in the daily operations of the Department of Industrial Property Rights, cutting down on paperwork and making better use of limited resources through technology.

By this time, most of the ASEAN members now accept the multi-class trademark application, except Malaysia (expected at the end of 2016).