Region: Vietnam

Wide-ranging trademark dispute in Vietnam escalates to court

A civil lawsuit against the National Office of Intellectual Property in the Hau Giang Province People’s Court provided an interesting challenge to the government’s approach to deciding trademark similarity.

21 September 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.

22 July 2016

Preliminary injunctions: a comparative global overview

Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions

29 April 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.

27 April 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.

22 April 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.

08 January 2016

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.

08 December 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.

16 September 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.

06 May 2015

Vietnam: Approaches to trade dress

Bross & PartnersWhile trade dress is not per se registrable, certain aspects are protectable under certain circumstances

27 February 2015

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