Region: Vietnam

New Customs Law introduces important changes to IP rights protection at borders

The new Customs Law, which was passed by the National Assembly in June, will enter into force on January 1 2015, replacing the Customs Law of 2001, amended in 2005. It is hoped that the changes introduced by the new Customs Law will help to improve the protection of IP rights at the borders and facilitate the smooth processing of goods through Customs.

18 November 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.

10 November 2014

New decree on unfair competition to enter into force

Decree 71/2014/ND-CP will enter into force on September 15 2014, superseding Decree 120/2005/ND-CP on competition violations. Among other things, Decree 71 sets forth remedies against certain IP-related unfair competition acts. However, some of the provisions of Decree 71 seem to conflict with Decree 99/2013/ND-CP on the sanctioning of administrative violations in the field of industrial property.

12 September 2014

Court rules for the first time that cybersquatting constitutes act of unfair competition

A Vietnamese court has ordered the revocation of the domain name 'www.lafarge.com.vn' and given building materials giant Lafarge priority to register the domain name within 10 days of the date of revocation. This is only the second time that a brand owner has successfully recovered a '.vn' domain name through civil litigation, and the first time that a court has based its decision on the ground that cybersquatting constitutes an act of unfair competition.

06 June 2014

New goods verification website to benefit both consumers and brand owners

The Vietnam Government Portal, in co-operation with the National Institute for Food Control and Vnet Joint Stock Company, has launched a website - named “Foodstuff and Consumption” - that allows consumers to verify a product’s origin. The website also benefits brand owners, as it can be an effective channel to identify and combat counterfeit goods.

13 March 2014

Administrative remedies against counterfeit goods other than 'IP counterfeit goods' introduced

The government has issued Decree 185/2013/ND-CP on handling administrative violations related to manufacturing and trading in counterfeit and banned goods, as well as consumer protection. Decree 185 provides remedies applicable to acts of manufacturing and trading in counterfeit goods that do not meet the threshold for criminal liability.

03 March 2014

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.

09 December 2013

New decree to make it easier to enforce administrative remedies against infringers

The government has issued Decree No 99/2013/ND-CP, which replaces Decree No 97/2010/ND-CP on Sanctioning Administrative Violations in the Field of Industrial Property. The new decree aims to address a number of deficiencies in the 2010 decree that have made it difficult for IP rights owners and the authorities to take actions and apply remedies against infringing activities.

20 September 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.

06 August 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.

01 August 2013

Unlock unlimited access to all WTR content