24052022 Issue No. 1 Newsletter May 2022 Letterhead (blue) (short form)

Hanoi Office: 5th Fl., Charmvit Tower, 117 Tran Duy Hung Str., Cau Giay Dist., Hanoi 100000, Vietnam Phone: (+84) 2437472500 / 2437472507 | Fax: (+84) 2437472504 | Email: [email protected] HCM City Office: No. 31, Han Thuyen Str., Ben Nghe Wd., Dist. 1, Ho Chi Minh City 700000, Vietnam A. NEW REGULATIONS 3. Statute of limitations for 1. New regulations on sanctioning administrative sanctions against administrative violations in copyright infringement industrial property (IP) Vietnam Government promulgated Decree No. 129/2021/ND-CP (Degree 129), which 02 amended decrees (Decree No. took effect on January 1, 2022. The statute of 99/2013/ND-CP and No. 119/2017/ND-CP) limitations is 2 years, from a point in time shed light on the roles, tasks, and when the violation either is detected or stops. competencies of the market surveillance Alternatively, it is as the state agencies issue authorities (MSA). The first degree regulates their decision on sanctioning. Otherwise, it is the scope of adjustment and demonstrates an when the act of shirking or obstructing the increase in fines levels. On top of that, the sanctioning terminates if the violators do. second one stipulates sanctioned subjects of violations. Regulations on sanctioning administrative violations are under the Law No. 67/2020/QH14. 2. New regulations on mandatory information displayed on goods labels The Government issued Decree No. 111/2021/ND-CP, which took effect on February 15, 2022. The Decree stipulates compulsory information presenting on labels such as a name and address of the products and manufacturers/ a responsible entity; origins; some contents based on their characteristics. FULL IP SERVICES IN ASEAN COUNTRIES 1

B. IP EVENTS & ACTIVITIES 3. An Giang: Caught red-handed a 1. DAV: Detection of two suspected large number of trademark counterfeit and smuggled goods counterfeit medicines for cancer and blood clot On March 29, 2022, at National Highway 91, An Giang province, the Market Surveillance Warning counterfeit medicines for cancer Team (MST) No. 1 inspected and seized more than 8,000 trademark counterfeit and and blood clot treatment, the Drug smuggled goods of over VND180 million Administration of Vietnam (DAV) under the (USD7846.06). Ministry of Health issued an official dispatch. It informed the detection of drug samples labeled Stivarga 40mg and Xarelto 10mg/15mg/20mg. 2. Kien Giang collected nearly 4. Extend the Patent Prosecution VND1,4 billion for state budget Highway pilot program until revenues in Q1 2022 2025 In the first quarter of 2022, the Kien Giang After completing phase 2, the Intellectual Department of Market Surveillance (MSD) Property Office of Vietnam (VNIPO) and the inspected 244 cases, detected and handled 46 Japan Patent Office (JPO) have been piloting violations, collected VND1,399,458,000 phase 3 (3 years) of the PPH Program. (USD60979.52) in state budget revenues, Annually, the two offices exchanges annually counted 685 establishments, and promoted 200 requests having particular guidelines 955 signed commitments against trade in and forms. prohibited and smuggled goods, goods of unknown origin or infringing intellectual property (IP) rights, etc. FULL IP SERVICES IN ASEAN COUNTRIES 2

Identity Kit for World Intellectual Property Day 2022. 5. Hanoi: Break down the facility C. CASES & MATERIALS producing tens of thousands of fake phone chargers 1. Evidence-based approaches from the \"Tam Mao brothers\" Market Surveillance Team (MST) No. 1 and YouTubers No. 13 collaborated to inspect a facility in Hanoi, confiscating 11,200 counterfeit phone “Tam Mao TV” received an email from and iPad charger products. They are made of YouTube notifying their copyright old damaged boards and charging cases, infringement as another registrant had assembled to create authentic phone registered their channel name. Accordingly, chargers, which exposes buyers to fire and this YouTube channel faced the risk of being explosion risks. suspended or even permanently deleted. Their stories could serve as evidence-based instructions to YouTubers: register a trademark soon and do not “lock the stable door after the horse is stolen”. 6. Notice of Visual Identity Kit for 3 World Intellectual Property Day 2022 Intellectual Property Office of Vietnam (VNIPO) would like to introduce the Visual FULL IP SERVICES IN ASEAN COUNTRIES

2. Lesson learned from the trademark dispute of two instant noodle brands The case of two instant noodle brands, Hao Hao and Hao Hang, has shown that trademark registration is crucial to every business if any dispute arises. This paper focuses on facts, their arguments, legal evaluation, discussion on root causes, and wisdom for enterprises. NGUYEN TRONG TU TANG DUC KHUONG NGUYEN LE TOAN LUONG LE NGOC BICH FULL IP SERVICES IN ASEAN COUNTRIES 2