Vietnam

Online marketplaces in Vietnam that should be on counterfeit enforcement radars

In the next instalment in our regular series identifying the digital marketplaces that brand owners should monitor as part of their global anti-counterfeiting efforts, we head to Vietnam.

Online marketplaces in Vietnam that should be on counterfeit enforcement radars
Live updates: IP offices implement measures in wake of coronavirus crisis
9 Sep 2021

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response.

Surge in counterfeit imports into Southeast Asia: crucial customs strategies for brand owners
4 Nov 2020

Surge in counterfeit imports into Southeast Asia: crucial customs strategies for brand owners

Exports of counterfeit goods from China are increasingly heading to Southeast Asia. This guest analysis explores the strategies that rights holders should employ.

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9 Aug 2021

IP Vietnam issues guidance on deadline extensions amid covid-19 pandemic

Due to the fourth wave of covid-19 in the country, IP Vietnam has announced that all deadlines for any procedures for the establishment of industrial property rights falling within the period from 30 June 2021 to 31 August 2021 shall be automatically extended to 30 September 2021. Read more

3 Aug 2021

Vietnam IP Research Institute issues guidance on handling requests for IP assessment during covid-19 pandemic

The headquarters of the Vietnam IP Research Institute (VIPRI) have ceased receiving direct requests for IP assessments. Requests may still be made by post or via VIPRI’s e-filing portal, but the delays in receiving conclusions may have an impact on enforcement activities. Read more

22 Jul 2021

IP Vietnam implements more flexible requirements regarding authorised signatories in IP procedures

Meeting the requirements set forth by Notice No 13822 with regard to authorised signatories has proven challenging - or even impossible - for many overseas IP rights holders. IP Vietnam has now relaxed these requirements by issuing Notice No 6959. Read more

1 Jun 2021

IP Vietnam’s headquarters cease accepting direct filings

In response to a new wave of covid-19 cases in the country, IP Vietnam has issued a notice stating that, from 27 May 2021 and until further notice, its headquarters in Hanoi will cease to accept direct filings. Read more

Anti-Counterfeiting

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14 Sep 2020

New decree brings clarity and stronger administrative sanctions against violations involving counterfeit and illegal goods

A new decree, which will come into force 15 October 2020, should help the work of Vietnam’s enforcement authorities when dealing with violations involving counterfeit and banned goods, both offline and online. Read more

9 Jun 2020

Denmark threatens to block Amazon; GoDaddy redacts WHOIS information; durian GI granted – news digest

In our latest edition, we look at Phillip Plein's attempt to use unrest in the United States to end a trademark battle with Ferrari, Netflix and the US Armed Forces in a tussle over Space Force, Victoria Beckham settling a dispute, and much more. Read more

25 Nov 2019

Nine counterfeit hotspots in Vietnam that brand owners must be aware of

In the latest edition of our regular series on physical markets around the world that reportedly engage in the trade of fake goods, we head to Vietnam. Read more

13 Nov 2019

AI, blockchain, Telegram, TikTok and trade wars – unpacking the latest counterfeit trends forecast

A new report documents the counterfeit trends it expects to shape brand protection efforts in 2020. WTR identifies the most valuable takeaways from the report and the actions that brand owners should be taking. Read more

Brand management

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27 Aug 2019

Kardashian replaces Kimono with Skims, Vietnam adopts IP strategy, and influencer fraud: news digest

In our latest round-up, we look at the rise in counterfeit vaping products, the US Department of Defence launching an IP protection team, WIPO announcing a new portal, and much more. Read more

2 Jul 2019

“Greatly beneficial” – IP provisions of EU-Vietnam free trade agreement praised by experts

The landmark EU-Vietnam Trade Agreement has been officially signed. Talking to WTR, IP practitioners claim that the agreement will lead to significant changes to the trademark, design and GI system in Vietnam. Read more

15 Jun 2019

Apple tops designation ranking as companies eye Vietnam expansion

The Southeast Asian country already had a thriving economy, but it is now directly benefiting from the trade war between the US and China as companies like Apple consider relocating production lines. Read more

18 Jan 2019

Vietnam to bolster GIs, US shutdown threatens IP, and Ethiopia launches online filing system: news digest

In our latest round-up, we look at a Japanese delegation visiting the French IPO, the Austrian Patent Office introducing animated marks, Rihanna taking her father to court, and much more. Read more

Enforcement and Litigation

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9 Mar 2020

Significant changes to Vietnam’s trademark examination practices

Following two meetings held by IP Vietnam and the Vietnam Intellectual Property Association in December 2019, IP Vietnam has clarified several key examination practices and highlighted possible changes to the relevant regulations. Read more

30 Jan 2020

Corporate criminal liability gets first test for IP crimes

The People’s Court of Phu Tho Province has considered the first case involving the criminal liability of a corporate entity for IP crimes under Vietnam’s new Penal Code. Read more

3 Oct 2019

General Department of Customs strengthens border control to tackle fraud related to origin of goods

The General Department of Vietnam Customs has issued Official Letter No 5189/TCHQ-GSQL, which gives strict directions to customs departments at both the central and provincial level to inspect and control imported and exported goods. Read more

9 Sep 2019

EU-Vietnam Free Trade Agreement and how it affects trademarks, GIs and enforcement

The EU-Vietnam Free Trade Agreement, which was signed on 30 June 2019, has been described by the European Union as “the most ambitious free trade deal ever concluded with a developing country”. The agreement is expected to bring many changes to Vietnam’s IP regulations. Read more

Government/Policy

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16 Dec 2019

Vietnam to amend Intellectual Property Law to comply with FTAs

Vietnam’s Ministry of Science and Technology has recently issued proposed amendments to the Intellectual Property Law. One of the aims is to bring Vietnam’s legislation into line with the new generation of free trade agreements - namely, the CPTPP and the EVFTA. Read more

10 Oct 2019

Vietnam joins the Hague System

On 30 September 2019 Vietnam presented its instrument of accession to the Hague System to WIPO. Vietnam is now a member of all three international registration systems, in addition to the PCT system for patents and the Madrid system for trademarks. Read more

3 Jun 2019

BASCAP provides blueprint for Vietnam to fight fakes: "There is a lot more to do"

The International Chamber of Commerce Business Action to Stop Counterfeiting and Piracy has released a series of recommendations on how Vietnam can better protect intellectual property. With a blueprint in place, political will for change will now be key. Read more

10 Apr 2019

Vietnam goes further in process to implement CPTPP requirements

In order to comply with the requirements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, a draft law amending certain provisions of Vietnam’s IP Law has been prepared and released for public comments. Read more

Law Firms

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10 Jan 2017

Filing fees increased

The Ministry of Finance has issued a new circular on industrial property charges and fees to guide the collection, remittance, management and use of government fees relating to industrial property. The new circular has increased government fees significantly for many services to be carried out by the National Office of Intellectual Property. Read more

IP Offices

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2 Dec 2020

IP Vietnam tightens requirements regarding authorised signatories in IP procedures

IP Vietnam has issued Notice No 13822, which establishes stricter requirements for legal representatives of IP rights applicants to sign documents on their behalf. One issue, however, is that the notice does not specify the date on which the new practice will come into effect. Read more

6 Apr 2020

IP Vietnam issues guidance on deadline extensions and filing methods during covid-19 pandemic

Due to the covid-19 pandemic, IP Vietnam has ceased to accept direct filings since 30 March 2020 until further notice. On 31 March and 3 April 2020, IP Vietnam issued two notices providing guidance on extensions of deadlines and filing methods during this period. Read more

13 Sep 2018

IP office gets new name and undergoes structural changes - what you need to know

Vietnam’s Ministry of Science and Technology has issued a new Regulation on the Organisation and Operation of the National Office of Intellectual Property, which introduced a new name for the office and unveiled a new organisational structure. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

Online

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6 Apr 2017

Joint circular sets out new rules for resolving '.vn' disputes

A joint circular issued by the Ministry of Information and Communication and the Ministry of Science and Technology provides for clear rules and procedures for coordination between the relevant authorities in implementing administrative decisions involving ‘.vn’ domain names deemed to be infringing on IP rights. Regrettably, the circular does not address the situation where the domain name is not associated with an active website with content infringing an IP right.

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22 Jul 2016

Joint circular causes concern over cybersquatting

A new joint ministerial circular will help the application of coercive measures against domain name infringers. However, it is unclear whether the remedies are available in cases of cybersquatting.

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8 Dec 2015

New draft joint circular on revocation of domain names that violate IP laws

The Ministry of Information and Communication and the Ministry of Science and Technology have prepared a draft joint circular on the procedures relating to the revocation of domain names that violate IP laws. Certain provisions have caused concern among trademark owners, and it is hoped that those concerns will be addressed before the circular is officially issued.

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10 Nov 2014

Conflicting domain name rules resolved in Amway case

Vietnam's domain name recovery system suffers from numerous barriers and, so far, the civil court system has been the main way of recovering cybersquatted domain names. However, following a case involving the domain name ‘amway.2u.vn’, there is now a real prospect of effective administrative domain name resolutions.

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Portfolio Management

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18 Mar 2020

Guideline for handling outstanding appeals against disclaimers imposed by IP Vietnam

The Intellectual Property Office of Vietnam recently issued Notification 3280/TB-SHTT, which provides guidance on filing appeals against disclaimers made by the office, which were submitted before 15 January 2018 and remain unresolved. Read more

25 Jun 2019

IP Law amended to comply with CPTPP requirements

The National Assembly of Vietnam has passed a law amending a number of provisions of the Intellectual Property Law, which is expected to be greatly beneficial to rights holders. Read more

27 Feb 2019

Comprehensive and Progressive Agreement for Trans-Pacific Partnership introduced in Vietnam: impact on current IP regulations

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership came into effect in Vietnam on 14 January 2019. The requirement that a trademark licence agreement must be registered in order to take effect against third parties will be removed. Read more

20 Feb 2018

Important changes to trademark-related procedures before NOIP; applicants set to benefit

A circular of the Ministry of Science and Technology has introduced important changes to trademark-related procedures before the National Office of Industrial Property. This update highlights some of the most significant changes.

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Trademark law

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26 Jun 2018

New Law on Competition: the likely impact for brand owners

Brand owners should take note of the changes introduced by Vietnam’s new Law on Competition, which is due to enter into force on 1 July 2019. Read more

14 Dec 2017

International applications at an all-time high as Asia and Africa experience sharp rise in trademark filings

WIPO has released its latest report into global IP activity, revealing a significant rise in  filing activity. Most of the growth can be attributed to China’s continued domination. Read more

1 Sep 2017

Vietnam: Up against the system

Limitations in Vietnamese laws on trademark use are creating a number of enforcement challenges for rights holders

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20 Jul 2017

E-filing of industrial property applications in Vietnam

The National Office of Intellectual Property has launched an online filing portal for industrial property applications, which is currently on trial and being developed to run more efficiently, especially with regard to payment procedures.

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