A new Penal Code (the “New Penal Code”) came into effect in Vietnam on January 1, 2018. Important for foreign and domestic investors alike, the New Penal Code introduces a number of provisions on corporate criminal liability and anti-corruption, increasing the risks for businesses in the country. These changes are particularly significant because under the previous Vietnamese criminal code,...

Vietnam’s new Penal Code (the “New Penal Code”), which became effective on January 1, 2018, significantly bolsters Vietnam’s anti-corruption laws with respect to the private sector. The New Penal Code sets out numerous corruption-related offenses, including the giving and promising of bribes, the receiving of bribes, the “brokerage” of bribes, and embezzlement. The most significant...

On January 18, 2018, the Ministry of Health (MoH) of Vietnam issued Circular No. 01/2018/TT-BYT (Circular 01) on the labeling of pharmaceuticals (referred to hereinafter as “drugs” for brevity). This circular will take effect from June 1, 2018, and will replace the current drug labeling regulations (Circular No. 06/2016/TT-BYT). Circular 01 includes four chapters and 40 articles,...

Cambodia signed an Agreement on the Validation of European Patents (“Validation Agreement”) with the European Patent Office (EPO) on January 23, 2017. This agreement will enter into force on March 1, 2018. Cambodia will be the first Asian country to validate European patents in its territory, placing it among 44 countries worldwide that allow protection with a single European patent...

Article 115 of Vietnam’s IP Law prohibits any amendment of a mark in a pending application that “materially alters” the character of the original mark or expands its scope of protection. However, the question of what constitutes material alteration in Vietnam is not easily answered, as the law remains silent, and the interpretation of the National Office of Intellectual Property (NOIP) can...