Region: Vietnam

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.

24 May 2013

Vietnamese version of 10th edition of Nice Classification to be used for all applications

From tomorrow the official Vietnamese translation of the 10th edition of the Nice Classification, which was released by the National Office of Intellectual Property on July 16 2012, will be applied to all trademark applications filed on or after August 1 2012. The adoption of the 10th edition - and, in particular, the release of the Vietnamese version - should greatly benefit trademark applicants and agents.

31 July 2012

New administrative measures to resolve domain name disputes

Circular 37/2011/TT-BKHCN of the Ministry of Science and Technology, which came into force on February 10 2012, is expected to breathe new life into the current mechanisms for resolving domain name disputes involving IP rights, such as trademarks, trade names and geographical indications, by describing in more detail the administrative measures to be used as a means of resolution.

18 May 2012

National Office of Intellectual Property adopts 10th edition of Nice Classification

The National Office of Intellectual Property has issued a notification announcing that it would apply the 10th edition of the Nice Classification, instead of the 9th edition, to all trademark applications filed on or after January 1 2012. A Vietnamese translation of the 10th edition is being prepared by the office and will be published in the next few months.

11 April 2012

New procedure for co-ordination in handling cybersquatting cases

The Ministry of Science and Technology has issued Circular 37, which provides detailed guidance for the implementation of Decree 97 on the Sanctioning of Administrative Violations in the Field of Industrial Property. The new circular introduces a detailed procedure for the co-ordination of the activities of the IP rights enforcement authorities and VNNIC - the authority managing '.vn' domain names - when handling cybersquatting cases.

08 February 2012

New decree streamlines IP enforcement procedures

A new decree, which was issued by the Vietnamese government at the end of last year and came into effect on February 20 2011, has clarified previous changes to the law and streamlined IP enforcement procedures. Among other things, Decree 119/2010 makes it clear that a warning letter and proof of damage are no longer required before action can be taken against infringers.

21 April 2011

Scotch whisky becomes Vietnam's third foreign GI

Scotch whisky has become the third foreign GI to be protected in Vietnam - the first two being France's Cognac and Peru's Pisco wine - and the first to be registered under procedures laid out by the Intellectual Property Law 2005. The GI will assist the Scotch Whisky Association in removing products from Vietnam’s marketplace which erroneously claim to be Scotch whisky.

19 January 2011

New decree on administrative enforcement clarifies and strengthens IP regime

Decree 97, which came into effect on November 9 2010, addresses uncertainties and deficiencies in the law, making administrative enforcement in Vietnam easier and more effective. Among other things, the decree reinstated the ability of the National Office of Intellectual Property to provide expert opinion, which should help speed up the enforcement process.

11 January 2011

Registration of infringing company names is prohibited

The Vietnamese government has passed a new law prohibiting the registration of company names which infringe a third party’s rights. Decree 43/2010, effective from June 1 2010, provides that a company must not use a trade name, trademark and/or geographic indication belonging to another entity as its company name.

11 May 2010

Draft amendments to the Law on Intellectual Property issued

The Vietnamese government has submitted a draft law amending the Law on Intellectual Property to the standing committee of the National Assembly. Among other things, the first-to-file principle for trademark and patent applications will be amended. The draft law is scheduled to be approved at the upcoming National Assembly session in May 2009.

14 April 2009

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