MOST launches "Well-Known Trademark Project" in cooperation with INTA

The Ministry of Science and Technology (MOST) Inspectorate, in cooperation with the International Trademark Association (INTA), is calling for trademark owners to participate in the "Well-Known Trademark Project", which is being implemented in 2015/2016.

The project is one of the activities undertaken within the framework of the memorandum of understanding signed between INTA and the MOST Inspectorate in March 2015 in order to create links for cooperation between the government and the private sector through collaborative programmes and exchanges in the field of trademarks and related areas.

Within the framework of the project, research will be carried out to study best practices and legal provisions in other jurisdictions and international treaties to which Vietnam is a member concerning the recognition and protection of well-known trademarks. The research will also review Vietnam’s well-known trademark legislation and its application in practice and, based on that, will make recommendations for amendments to the current legislation and changes of practice. International roundtables and workshops will be organised at a later stage of the project to discuss the findings and recommendations.

Vietnam has been a signatory to the Paris Convention since 1949. In light of the provisions of Article 6bis of the Paris Convention, well-known trademarks are protected even if they are not registered with the Trademark Registry. However, in practice the protection of well-known trademarks against infringing applications and products has been very difficult, due to the authorities' limited knowledge on well-known trademarks and the burdensome evidentiary requirements that trademark owners must meet to prove that a mark is well known.

It is expected that the project will make a significant and practical contribution to the improvement of the current legislation and practice concerning the recognition and protection of well-known trademarks in Vietnam.

Son Doan, IPMAX Law Firm, Hanoi