Vietnam

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.

Live updates: IP offices implement measures in wake of coronavirus crisis
A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020
19 Dec 2019

A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020

With the Summer Olympics taking place in Tokyo and the protection for geographical indications on the horizon in Russia, we head east to determine what experts in Asia and Oceania have learned from 2019 and how brand owners in these jurisdictions can best prepare for the next 12 months.

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

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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

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

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

Anti-Counterfeiting

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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

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

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

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

Brand management

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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

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

27 Apr 2016

Progress for brand owners in Vietnam as government sides with foreign entity in dispute with state-owned enterprise

The Vietnamese government’s recent decision to uphold a foreign company’s trademark rights in the face of a cancellation action launched by one of its state-owned enterprises represents a significant positive development for brand owners operating in the country.

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6 Aug 2013

Vietnam’s new ecommerce decree strengthens enforcement options for brand owners

The rise in fraudulent practices on Vietnamese ecommerce sites has led the government to issue a decree regulating behaviour in the online space. As a result, brand-owners now have a more effective framework for tracking down online infringers, say trademark counsel.

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Enforcement and Litigation

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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

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

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

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

Government/Policy

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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

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

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

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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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

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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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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22 Apr 2016

Modified trademark can defeat non-use claim

The National Office of Intellectual Property of Vietnam has rejected a non-use cancellation action, holding that use of a mark by the owner in a slightly modified form is sufficient to maintain registration of the mark.

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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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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

9 Dec 2013

Vietnamese version of seventh edition of Vienna Classification to benefit mark owners

The National Office of Intellectual Property has officially released the Vietnamese version of the seventh edition of the International Classification of the Figurative Elements of Marks under the Vienna Agreement. This should benefit trademark examiners, attorneys and applicants, as the results of searches of figurative marks or marks comprising figurative elements should be more precise and consistent.

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1 Aug 2013

Marvel fails to cancel X-MEN mark for Class 3 goods

The Hanoi City People’s Court has upheld a decision of the National Office of Intellectual Property of Vietnam rejecting a petition filed by Marvel Characters Inc, the owner of the mark X-MEN for goods in Classes 9, 16, 25 and 28, for the cancellation of the mark X-MEN for goods in Class 3. Among other things, the court agreed with the office that Marvel had failed to prove that its X-MEN mark had become well known in Vietnam.

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24 May 2013

Brand campaigns go negative in Vietnam

Coca-Cola is not the first brand to face significant negative publicity in Vietnam, but recent anti-consumer campaigns directed at the fizzy-drink manufacturer have been more vehement than others. In response to such incidents, trademark counsel propose community service outreach and close relationships with the mass media, and stress that the importance of social media should not be underestimated.

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Trademark law

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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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8 Jan 2016

Amended Penal Code to help fight counterfeiting and IP rights violations

The National Assembly has passed a new Penal Code, which will come into force on July 1 2016 and replace the current Penal Code. The new code introduces a number of important changes; among other things, it provides for the criminal liability of legal entities for the first time and establishes a lower threshold for the crime of manufacturing and trading in counterfeit goods.

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16 Sep 2015

MOST issues new circular on sanctions for industrial property infringement

The Ministry of Science and Technology has issued Circular No 11/2015/TT-BKHCN, which provides detailed guidance for the implementation of Decree No 99/2013/ND-CP on the Sanctioning of Administrative Violations in the Field of Industrial Property. The circular introduces a number of improvements, but IP rights holders seeking to protect their rights against infringement still face many obstacles. The circular came into effect on August 11 2015.

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6 May 2015

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

The Ministry of Science and Technology Inspectorate, in cooperation with INTA, is calling for trademark owners to participate in the "Well-Known Trademark Project", which is being implemented in 2015/2016. Within the framework of the project, research will be carried out to study best practices and legal provisions in other jurisdictions and international treaties concerning the recognition and protection of well-known marks.

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Find an expert

Troy Rice
Senior Consultant
Wanchai, Hong Kong
SIPS