What legal tools are available under Vietnamese law to protect the brand identity or other aspects of products?
The following intellectual property (“IP”) rights can be used, depending on the nature of the brand or products, to protect the business interests under the laws of Vietnam: Trade dress/get-up: Generally, trade dress may consist of one or more elements (e.g. color, size, and/or shape of packaging); or it may be the overall image or concept of a product, packaging and/ or decoration that may reflect the full look and feel of a business including signs, logos, uniforms, merchandising, websites and labels. Therefore, trade dress refers to the manner in which a product is “dressed up” to go to market. In Vietnam, trade-dress falls within the scope of “unfair competition” as provided in Article 130, Vietnam IP Law. ...Continue reading