Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar

NEWSLETTER NO. 016 - 2014
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DAI TIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
No. 12A4, Ly Nam De Str., Hoan Kiem, Hanoi, Vietnam;
Tel: +84-4-6270 0022; Fax: +84-4-6270 0020; Email: hoa@daitin.com.vn; info@daitin.com.vn;
RESTORATION OF PRIORITY RIGHTS
FOR PATENT APPLICATION IN
VIETNAM
As being one of the PCT’s member,
Article 48 of the Law as well as all other
related rules (Rule 82bis) of the
Regulation can be applied in Vietnam.
Furthermore, under Vietnam’s Patent
Law, a restoration of priority rights can
be accepted on the quest of applicant
based on “Applicable Criteria” and the
novelty of an invention can be retained
when:
 The invention is known by a
limited number of people who
have pledged to keep the
invention secret;
 The patent application was filed
within 06 months from the date
on which the invention was
published as a scientific
publication, exhibiting publication
or by a person who has no right to
publish.
In addition, please be noted that an
“unintentional” document duly filed with
such other Patent Offices as USPTO, EPO
PCT’s Office would be very helpful for
consideration of patent examiner in
Vietnam.
Under Vietnam’s Patent Law, the time
limitation for entry into the National
phase of the PCT is 31 months counted
from the earliest priority date.
The following documents will be needed:
(i) Power of Attorney, which should be
only signed by the applicant;
(ii) Documents for restoration as be
mentioned above;

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(iii) Amendment in national phase (if
any);
CHANGES ON REGISTRATION
PROCEDURES IN LAOS DUE TO
IMPLEMENTED OF THE REVISED LAW
ON INTELLECTUAL PROPERTY
Pursuant to the Revised Law on
Intellectual Property, numbered 01/NA,
dated Dec 20, 2011 and the Agreement
on implementation of the Law on
Intellectual Property on trademark and
commercial name, number 0753/DIP,
dated Sept 20, 2012, the following
changes about procedures will be
implemented:
1. The Power of attorney duly
notarized/legalized must give
rights to appoint a substitute and
such rights shall be clearly
mentioned on Power of attorney
so then the Deed of substitution
can be executed.
2. The copy of all supporting
documents must be submitted
along with applications and
original to follow within 60 days.
Beyond the prescribed period the
applications will be considered as
null and void.
3. The validity of the PoA shall be
show in POA. In case of without of
validity in POA, the POA to be
used for one application or one-
time use only;
4. The Renewal must be filed within 1
year before expiry date (no 6
months grace period).
5. The set of application must be
translated into Lao languages
within 90 days counted from filing
date.
The notice 353 is in force November
25, 2013. Furthermore, Laotian
translation works for attached
documents with application (such as
priority application..) will be incurred
fees.

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CHANGES ON REGISTRATION
PROCEDURES IN CAMBODIA FROM
JANUARY 01, 2014
Please kindly be informed that, from the
January 01, 2014, following changes will
be implemented by the Cambodian
D/IPR:
i. E-Filing for Application for Mark
Registration: the D/IPR will accept E-
filing for Application for Mark
Registration to facilitate data capture and
applicant. Therefore, please kindly send
Application for Mark Registration in word
format through our email address first,
and then send its hard copy or other
required documents to us later.
ii. Requirement of some Document in
Khmer: Based on Article 4 of Sub-Decree
for Implementing TM Law, Application
for Mark Registration, Power of Attorney,
and Priority documents can be in Khmer
or English. Other documents such as
supporting documents, arguments must
be in Khmer (English text accompanying
the Khmer version is favorable).
iii. Search Report: Search Report issued
by the D/IPR can be in Khmer. Therefore,
a translation into English would be
needed and an additional fee will be
added.
iv. Preliminary Rejection issued by the
D/IPR: This document can be in Khmer.
Therefore, a translation into English
would be needed and an additional fee
will be added on your request.

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Please feel free to let us have your
comment or other requests at:
CONTACT US:
Nguyen Hoa Binh (Mr.)
Partner, Patent Attorney
No. 12A4, Ly Nam De Str., Hoan Kiem,
Hanoi, Vietnam
Tel: +84-4-6270 0022;
Fax: +84-4-6270 0020
Email: hoa@daitin.com.vn
Website: www.daitin.com.vn

Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar

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Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar