Region: Vietnam

Vietnam sets up voluntary association to combat counterfeiting

The Interior Ministry of Vietnam has issued Decision 22/2004/QD-BNV on the Establishment of the Vietnam Association for Anti-counterfeiting and Trademark Protection. The VATAP is a voluntary association of Vietnamese economic organizations that will, among other things, propose measures to deal with counterfeiting and to protect trademarks.

12 July 2004

New decree widens protection afforded to trade names

The Vietnamese government has promulgated a new decree on the registration of businesses that widens the protection afforded to trade names. Trade names are protected without any obligation of registration. Conditions for protection include the trade name's capacity to distinguish a business from another in the same field and the absence of confusion with earlier trademarks.

18 May 2004

Science Ministry's authority over trademarks partly reinstated

The Vietnamese government has promulgated a decree amending some provisions of Decree 54/2003/ND-CP, which transferred some of the responsibilities for trademark matters from the Ministry of Science and Technology to the Ministry of Trade. The new decree reinstates the Science Ministry's authority over some of these matters.

30 March 2004

'.vn' domain space opens to foreign registrants

The Vietnam Internet Centre, which administers the country-code top-level domain '.vn', is accepting applications for Vietnamese domain names from non-Vietnamese entities. Like Vietnamese individuals and organizations, foreign entities can register third-level '.vn' domain names, providing that they comply with the registration rules.

11 December 2003

SEA HORSE device mark survives rough ride to registration

The Trademark Office has overturned a decision to refuse registration of the plaintiff Bottger GmbH Pharmazeutische und Kosmetische Praparate's SEA HORSE device mark for medical ointments. It held that the mark (i) is not descriptive of the goods to which it relates, and (ii) has acquired secondary meaning through extensive use.

23 September 2003

Ministry of Trade to take over as trademark registry

The Vietnamese government has issued a decree and subsequent notice providing that the Ministry of Trade will take over the role of trademark registry from the National Office of Industrial Property. The government has yet to set a date for the hand-over.

16 July 2003

New decree will set rules for damages calculations

The Vietnamese Ministry of Justice is drafting a decree that will make it easier for courts to calculate damages for trademark infringement. Currently, courts assess lost sales and injury to reputation; however, both of these are difficult to prove and quantify, especially when neither the plaintiff nor the defendant has any sales history.

24 April 2003

Enforcing US trademark rights still difficult despite bilateral treaty

Vietnam has implemented the trademark-related provisions of the US-Vietnam trade agreement. As a result, it accords to US nationals treatment no less favourable than it accords to its own nationals with regard to the acquisition, protection and enforcement of trademark rights. Nevertheless, US trademark owners may still find it difficult to enforce marks in Vietnam.

11 December 2002

Unlock unlimited access to all WTR content