You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

March 31, 2020

Intellectual Property Office of Vietnam Closed until Further Notice: Online and Postal Filing Still Available

All offices of the Intellectual Property Office of Vietnam, including the head office in Hanoi and the representative offices in Da Nang and Ho Chi Minh City (the “IP Office”), are currently closed until further notice due to the COVID-19 situation. The IP Office issued a notice on March 31, 2020, to address issues related to the closure, with the following main contents:

  • Deadline extensions: All IP-related deadlines falling between March 30, 2020, and April 30, 2020, will automatically be extended until May 30, 2020.
  • Patent Prosecution Highway (PPH) between Japan and Vietnam: The IP Office will start receiving PPH requests on May 4, 2020, instead of April 1, 2020, as planned before.
  • Receipt of documents and fees: As from April 1, 2020, the IP Office will only accept IP documents from applicants by post or through the online filing system; the payment of fees can be made by post or by bank transfer.

In light of this announcement, rights holders can be assured that their filing needs can still be met.

RELATED INSIGHTS​ 

March 2, 2021
A new regulation in Laos provides significant practical clarity on procedures and contingencies related to patents and petty patents. Published in the Official Gazette on December 23, the Decision on Patents and Petty Patents no.1714/MOST, dated December 15, 2020, is the latest step in Laos’ ongoing efforts to improve the utility of its system for patents and petty patents. Laos has steadily built up its patent regime since the early 2000s by issuing laws and regulations defining the key elements. These continued to be updated after Laos joined the Patent Cooperation Treaty in 2006, and in recent years, various regional and bilateral cooperation has helped accelerate some patent applications. However, even after the amended Law on Intellectual Property took effect in June 2018, the process could still be prohibitively time-consuming. The new decision, which replaces a 2012 decision on the same topic, addresses this by clarifying and simplifying many key points, the most significant of which are detailed below. Priority date. Applications filed under the PCT have a 31-month time limit for entering the national phase, counting from the priority date. This is a small change from the 2012 decision, which set the time limit at 30 months. Submission of original documents. If the pre-filled, unsigned form for the power of attorney (POA) and deed of assignment (DOA) is submitted, scanned copies of the notarized POA and DOA must be submitted within 15 days (down from 60 days under the 2012 decision). However, the original documents must still be submitted within 60 days. International classification. Applicants can ask the Department of Intellectual Property (DIP) to indicate the international class of patent and petty patent applications. If there are amendments to the class, applicants can file an amendment form with the DIP free of charge. International classification was not mentioned
March 2, 2021
Since 2014, Indonesia’s domain name registry (PANDI) has overseen the registration of .id domain names, following the earlier country code top-level domains (ccTLDs), such as .co.id, .or.id, and .go.id. PANDI has recently reported on the growth of .id domain names in 2019, which saw an increase in registrations of about 45%, reaching a total of 135,000 registrants. An Indonesian Internet Providers Association (APJII) nationwide survey found that the number of internet users in Indonesia increased by 14.6 percent to 196 million people in the period between 2019 and Q2 2020, up from 171 million in 2018. The survey also revealed that Indonesia’s internet penetration rate has gone up to 73.7 percent. This means that the country is catching up with neighboring Brunei, Singapore, and Thailand, whose internet penetration rates exceeded 70 percent last year. Part of this increase seems to be related to the limitation of in-person activity in the wake of the COVID-19 outbreak. This internet usage growth has also meant a higher incidence of cybercrimes and online disputes, including over domain names. According to the domain name dispute statistics from WIPO, there have been 274 generic top-level domain name disputes involving Indonesian respondents to date. Meanwhile, 18 cases have so far been decided by PANDI’s Domain Name Dispute Resolution (PPND) in fights against Indonesian ccTLD cybersquatters, third parties who attempt to register domain names using the trademarks of others. PPND, a non-litigation dispute settlement body for disputes over Indonesian internet domain names, handles domain name disputes related to trademarks, registered names or regarding matters of decency. The examination of such disputes is conducted by PPND panel(s). PANDI’s Domain Name General Policy version 6.0, dated February 25, 2019, explains the five categories of.id domain names: normative, trademark-related, product- or service-related, distributorship-related, or institutional. Ministry of Communication Regulation No.
February 23, 2021
As many are already aware, following the change of government in Myanmar on February 1, 2021, a draft Cyber Security Law was proposed which attracted widespread criticism. However, less attention has been paid to significant amendments to two existing laws, some of which have a similar effect to parts of the draft Cyber Security Law. In other words, while the draft Cyber Security Law has not progressed further and is under public scrutiny, significant elements of it have found their way into law in Myanmar by other routes. Because these amendments are already law, it is very important that individuals and businesses in Myanmar understand their implications. Amendments to the Law Protecting the Privacy and Security of Citizens The Law Protecting the Privacy and Security of Citizens (2017), or the “Privacy Law,” was amended on February 13, 2021, less than two weeks after the military government came into power. These amendments chiefly address the power of the government to conduct searches, seizures, and arrests; to extend detention without judicial oversight; and to carry out broad surveillance and investigation activities that could intrude on individual privacy. The amendments accomplish this by suspending various sections of the Privacy Law for as long as the State Administration Council (the military body now governing Myanmar) is in power. The suspended sections include the following: Section 5: Search, seizure, and arrest without civilian observation The relevant part of Section 5 of the Privacy Law states, “The responsible authorities shall … when acting in accordance with existing law, not enter into a person’s residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest, unless accompanied by minimum of two witnesses who should comprise Ward or Village Tract Administrators…”. The suspension
February 22, 2021
Following the recent imposition of sanctions on Myanmar individuals and companies by the US, the UK and Canada have now imposed new sanctions. As with the US sanctions, these new measures impact UK and Canadian citizens and companies, and non-UK and non-Canadian companies and citizens with interests in those jurisdictions. The EU has indicated that it is planning to issue similar sanctions in the near future. New UK Sanctions In addition to the 16 individuals already sanctioned by the UK government, on February 18, 2021, the UK government announced that three individuals have been sanctioned for serious human rights violations and are now subject to asset freezes and travel bans. The full list of Myanmar individuals and companies sanctioned by the UK is available on the website of the Office of Financial Sanctions Implementation. Breaches of UK financial sanctions are criminal offences punishable in the UK by up to 7 years imprisonment and heavy fines. New Canadian Sanctions Also on February 18, timed to coincide with the UK sanctions, new Canadian sanctions were imposed on nine individuals. As with the UK, Canada already had a number of individuals in the Myanmar military on its sanctions list, and the new additions bring the total number of individuals sanctioned by Canada to 54. All assets of these individuals in Canada are now frozen, and they are banned from travelling to Canada. Canadian businesses or entities may not do business with any of the 54 individuals. Full details of the impact of the sanctions are available on the Government of Canada’s website, as is a database of the Myanmar individuals and companies subject to them. Breach of Canadian sanctions carries with it up to 5 years’ imprisonment in Canada and/or a large fine. Other Countries The EU is reportedly drawing up sanctions