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VINH, Le Quang

Intellectual Properties & Copyright, Franchising & Technology Transfer, IP Enforcement

PROFILE SUMMARY

Vinh is Partner, qualified Patent, Design and Trademark Attorney and Head of Intellectual Property Department of BROSS & Partners. He has more 15 years of intensive experience in advising and representing regional and international industrial and commercial groups on the spectrum range of Intellectual Property Rights related issues, especially Patent, Industrial Design, Trademark, Copyright and Trade Secret.

Before jointly forming BROSS & Partners, Vinh had worked for some prestigious local law firms in Vietnam, where he earned valuable knowledge and experience in Intellectual Property, IP Enforcement, Technology Transfer, Dispute Resolution and Litigation.

With his intensive experience accumulated for the duration of holding key positions in those prestigious IP local law firms, Vinh had successfully passed the Vietnam Patent and Trademark Agent Qualifying Examination in 2005 and officially recognized as registered Patent, Design and Trademark and Copyright Agent. Vinh has now been advising and prosecuting thousands cases or applications of both international and domestic clients for registration of trademark, industrial design and patent in Vietnam and other countries.

Under the authorization of the International Trademark Association (INTA), Mr. Vinh, on behalf Bross & Partners, successfully moderated a roundtable conference titled “Overlapping Protection of 3D Marks, Industrial Design and Copyrights” held in Hanoi, Vietnam on April 10, 2014 with the participation of the representatives of the National Office of Intellectual Property (NOIP), the Copyright Office of Vietnam (COV), the academia coming from the Hanoi University of Law, the National Economics University, the Foreign Trade University and a number of IP practitioners working for international IP law firms and local IP law firms. He is also a regular contributor to the World Trademark Review commenting on the practical and statutory issues regarding trademark enforcement and anti-counterfeit goods in Vietnam.

AREAS OF PRACTICE

Intellectual property and Copyright; Franchising and Technology transfer; IP Enforcement

PROFESSIONAL MEMBERSHIP

  • International Trademark Association (INTA)
  • Inter- Pacific Bar Association (IPBA)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Asean Intellectual Property Association
  • Vietnam Bar Federation
  • Hanoi Bar Association 
  • Vietnam Intellectual Property Association (VIPA)

EDUCATION AND TRAINING

2004 – 2005: Registered Patent, Design, Trademark and Copyright Agent 

1994 – 1998: Hanoi University of Law (Hanoi, Vietnam) - LLB (Law)

LIST OF KEY DEALS

Worldwide Trademark Portfolios Management and Advice

  • As a legal representative of Vietnam Dairy Products Joint Stock Company (Vinamilk), one of the Asia’s 200 Best Under A Billion (2010), one of the Top 5 largest private enterprises in the market of Vietnam (VNR500), Vinh had advised, prepared, submitted, monitored and is now managing the client’s hundreds of trademarks seeking for protection in Vietnam and in more than 50 countries throughout the world, including particularly Asian countries, Canada, US, Japan, Korea, ect;
  • Giving advice and representing Masan Group and its various subsidiaries, namely Masan Consumer, Vinacafe Bien Hoa, Vinh Hao Mineral, which is one of the Vietnam Top 500 largest enterprises, in nationally and internationally filing their trademarks. Now he is advising and managing the client’s portfolios of up to several hundreds of trademarks and industrial designs in both Vietnam and the client’s some trademarks seeking for protection in over 30 countries;
  • Vinh had taken part in advising and directly representing one of the top 4 Vietnam largest auditing companies, Deloitte Vietnam, a member of Deloitte Touche Tohmatsu Limited which is an international and multi-national firm specializing in audit, consulting, financial advisory, risk management and tax services to request Vietnam enforcement authorities to stop and handle infringement such illegal use and registering domain name, use of trademark without permission and other unfair competition acts. Vinh is also now representing Deloitte Vietnam to protect its trademark under the Madrid system and some other countries in Asean region.

Patent and Design Application Prosecution and Advice

  • Vinh is now advising and acting for foreign clients such as Worldway Co., Ltd, Hyundai Hysco, Malaysian Rubber Board, Kingtime International Limited, ARS Corporation to protect register their PCT or non-PCT inventions and designs in Vietnam;
  • Besides, Vinh has also involved in successfully dealing with various contentious and non-contentious matters, including trademark and industrial design infringement, trademark related revocation, opposition and refusal in Vietnam. 

Dispute Resolutions

  • In early 2012, Vinh participated in reviewing, giving client valuable advices and successfully representing Minh Long I Co., Ltd, a Vietnam’s first-class porcelain manufacturer and exporter,   to settle a out-of-court trademark dispute, thereby, the client’s competitor who registered the various trademarks containing the word Minh Long pertaining to porcelain wares in Czech had volunteered to revoke his registered trademarks;
  • In 2012, Vinh and Dzung who is also Partner of BROSS & Partners, have represented Kien Anh Company, which was officially seized by the Vietnam Customs because of importing a vodka lot of 14,400 bottles bearing the trademark STOLICHNAYA, to successfully fight against the request for instituting a criminal case for having traded in fake goods which may be sentenced to 15 years of imprisonment based on Article 156 of the 1999 Penalty Code of Vietnam;
  • In 2011, Vinh was duly the lawyer who first found that Vietnam’s famous coffee geographical indication Buon Ma Thuot which is considered by the world as the metropolis of Vietnam coffee where makes up more than 50% total coffee export volume of Vietnam was lost in China. He had been invited to directly advise and analyse the People’s Committee of  DakLak province about legal action possibility to take it back;
  • In 2010, Vinh succeeded in recovering domain name after the submission of a request for domain name dispute resolution with the WIPO Arbitration and Mediation; 
  • In 2005, he successfully represented in defending a Vietnam software outsourcing company against the business secret and copyright infringement allegation made by US software producers.

PUBLICATIONS/INTERVIEWS 

  • Article “The challenges of breaking with the tradition” published on the bi-monthly reputable magazine World Trademark Review, Issue December/January 2014 making comments on the newly emerging issue of protection of non-traditional marks;
  • Article “The benefits of a civil approach in IP-related unfair competition lawsuits” already released by World Trademark Review, Issue April/May /2014 analyzing the historical development of legal framework against IP-right related unfair competition acts, including domain name dispute resolution through a civil action;
  • Article “A brief history of protection” published on World Trademark Review, Issue June/July 2014 commenting the famous protection regime under the laws of Vietnam;
  • Article “Fundamentals of anti-counterfeiting legislation” published on World Trademark Review, Issue August/September pointing out and reviewing the legislation and practical application regarding anti-counterfeiting goods in Vietnam;
  • An interview on Buon Ma Thuot coffee brand was lost in China in the “Evening News” program on VTV1 Channel, September 2011;
  • An interview on “Franchise and License the Brand” in the “Lawyers of Enterprises” program on VITV Channel, December 2009;
  • An interview on “Protection of Trademark for Vietnam Enterprises in Overseas” in the “Lawyers of Enterprises” program on VITV Channel, October 2009;
  • "Why registering domain names is crucial", Vietnam News – The National English Language Daily, January 21, 2009, Talking Law page 17;
  • Invited Speaker, Maison du droit Vietnamo-Francaise, "Workshop on Trademark Dispute Resolutions", Hanoi (October 3, 2008);
  • "Domain Name Dispute Resolution", VietnamNet, 2007;
  • Invited Speaker,  VCCI, "Vietnamese Brands and US Market", Hanoi (October 30, 2007);
  • Invited Speaker, Asian-Pacific Broadcasting Union (ABU), the 38th ABU Programme Committee meeting,"Copyright Session, Protection of Format Copyright", Hanoi (November 23, 2005).

Our People
Bài viết
Some Updates and Comments on IPR-related Corporate Criminal Liability (08/15/2017)
IP overview of Vietnam (06/26/2017)
GUIDANCE ON TRADEMARK REGISTRATION, RENEWAL AND/OR PUBLICATION OF CAUTIONARY NOTICE IN MYANMAR (04/24/2017)
Legal updates on IPR Border Protection in Vietnam (04/10/2017)
Guidance on IPR Border Control in Vietnam (04/10/2017)
Business brief 2016: Vietnam (04/03/2017)
Can Use of Photocopied Textbooks be Judged Fair Use? (03/21/2017)
Does not Domain Name.VN Dispute Resolution by Arbitration Work in Vietnam? (03/20/2017)
Trend of divide over famous trademark protection in Vietnam (03/17/2017)
Opposition against Trademark Phu Quoc Failed in China, Famous Geographical Indication Phu Quoc was fell into the hands of a Hong Kong Company (03/17/2017)
Is Prior Use of Trademark Recognized as a Fair Use Defense Against Trademark Infringement Claim in Vietnam? (03/14/2017)
Several Legal Issues Regarding Intellectual Property Appraisal Viewed from Theoretics to Reality and Completion Solution Therefor (03/03/2017)
Guidelines
Doing business in Vietnam
Intellectual Property in Vietnam
International Registrations
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