Fighting Trademark Squatters in Vietnam: How Copyright Can Be a Powerful Weapon for Foreign Brand Owners

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many foreign businesses entering the Vietnamese market, one of the most frustrating discoveries is that their trademark has already been registered or applied for by a third party with no legitimate connection to the brand. Professional trademark squatters frequently exploit Vietnam's first-to-file system by seeking protection for well-known foreign marks before the genuine brand owner enters the market. While trademark-based arguments remain important, recent cases demonstrate that copyright can be an equally powerful tool for defeating bad-faith trademark applications in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] A Practical Solution Beyond Traditional Trademark Rights Trademark squatters often target foreign brands that have not yet secured trademark...

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From Proving Rights to Claiming Damages: Three Intellectual Property Precedents Businesses Should Know

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many years, the greatest obstacle facing businesses operating in Vietnam—from software companies and content creation studios to manufacturers and distributors of consumer goods—has been not detecting infringement, but translating evidence of infringement into claims that courts will uphold. Intellectual property (IP) rights holders frequently encounter two particularly difficult challenges when bringing cases before the courts: the difficulty of quantifying intangible losses and the paradox of the burden of proof. The adoption of three IP precedents by the Judicial Council of the Supreme People’s Court on 24 September 2026 marks an important step towards consistent application of the law and...

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Not Registered in Vietnam: Can Copyright Infringement Still Be Examined?

[vc_row triangle_shape="no"][vc_column][vc_column_text] A work created and registered for copyright protection in a foreign country is unlawfully copied in Vietnam. The copyright owner holds a copyright registration certificate issued by a competent foreign authority, but has never registered the work with the Copyright Office of Vietnam. Is the owner required to register the copyright in Vietnam before requesting a copyright infringement assessment? According to the Vietnam Copyright Protection Center, the answer is: not necessarily. This conclusion is not merely a simplification of an administrative procedure. Rather, it signals an important shift in the approach to intellectual property (IP) enforcement in Vietnam—from a mindset...

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Copyright Registration for Product Packaging Design in Vietnam: Can Infringement Be Addressed?

A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company's oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to that...

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Copyright in Vietnam: Enforcement Mechanisms & Practical Tips

Vietnam's intellectual property (IP) enforcement landscape has undergone significant reforms over the past decades, aligning with international treaties like the WTO's TRIPS Agreement and recent trade agreements such as the EVFTA and CPTPP. Notwithstanding these progressive reforms, challenges persist in the effective enforcement of copyright protections in Vietnam....

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a “carte blanche” to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists....

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in...

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Copyright Law in Vietnam: A Comprehensive Overview

Vietnam does not have a separate copyright law. Vietnam’s legal framework for copyright protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone copyright law, this comprehensive legislation governs various forms of IP, including patents, trademarks, industrial designs and copyrights. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

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Beyond First-to-File: How Copyright Won a Trademark Battle in Vietnam?

First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able...

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Stream-Ripping: Vietnam and the Battle Against Online Content Piracy

Did you know that every time you download music or videos from YouTube using unofficial tools, you are participating in potential copyright infringement? This behavior, which extends from music to videos to TV shows downloaded without the copyright owner’s permission, not only violates the law but also seriously affects the revenue and creativity of artists. Known as “Stream ripping”, this practice of copying online content is not only popular in Vietnam but is also considered one of the biggest challenges facing the global entertainment industry. The negative impacts of online content piracy on artists and content creators can be severe...

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