19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law....

22 August

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Manufacturing for Export Only: Does it Constitute Trademark Infringement? – Rulings from China and Practices in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market. Whether...

20 August

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Handling Trademark Infringement in Vietnam: 8 Key Considerations

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Even with a registered trademark and a favorable opinion from the Vietnam Intellectual Property Research Institute (VIPRI), winning a trademark infringement case is not guaranteed. IP disputes in Vietnam are becoming increasingly sophisticated and unpredictable, meaning there's always a risk of failure, even when the odds seem in your favor. To navigate this complexity, it's essential to develop a comprehensive IP protection and enforcement strategy that considers all potential risks. This approach helps minimize legal exposure and improves your chances of successfully combating IP infringement....

15 August

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The Stolichnaya Vodka Lawsuit in Vietnam: What Intellectual Property Issues Should Be Considered?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles

The Russian vodka brand, long considered a symbol of culture, quality, and luxury, is facing serious legal challenges globally, including in Vietnam. The decades-long dispute over intellectual property (IP) rights for famous vodka brands such as Stolichnaya has exposed pressing issues in brand protection in Vietnam, especially in the context of international economic integration. The recent lawsuit in the Hanoi People's Court between Spirits International B.V. (SPI) and FKP Sojuzplodoimport (FKP) has once again ignited heated debate over intellectual property rights, raising important questions about fundamental legal principles such as: the criteria for determining ownership of a trademark, the role of...

13 August

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Specialized IP Court: A “Revolution” in Resolving IP Disputes in Vietnam

Posted by Vu Thu Uyen

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The significant increase in the number and complexity of intellectual property (IP) disputes in Vietnam, coupled with the limitations of current administrative and criminal measures, has necessitated the establishment of a specialized judiciary in Vietnam. The IP Court, expected to be established in the near future, will assume this crucial role, with jurisdiction over IP-related cases as stipulated in the Civil Procedure Code. The advent of the IP Court promises to revolutionize the way IP disputes are resolved, providing a more efficient, specialized, and predictable legal process for both domestic and foreign IP rights holders. Current IP landscape in Vietnam:...

07 August

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From China to Vietnam: Can Unfair Competition Law Be Used to Address Trademark Squatting?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

In China and Vietnam, the legal landscape for trademark protection is undergoing significant transformations. For years, rights holders have struggled to combat the widespread practice of trademark squatting, where bad-faith actors exploit the "first-to-file" principle to register and hoard trademarks, unfairly profiting from the efforts of legitimate owners. However, recent court rulings, such as Bayer v. Li Qing and Emerson v. Hemeiquan, have begun to shift the landscape, interpreting unfair competition laws more broadly. These decisions have created new legal tools that empower brand owners to protect their IP rights. These changes in the legal system are reshaping how businesses...

17 July

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From China to Vietnam: Are Individual Voices Protected by Intellectual Property?

Posted by Ly Dinh

in IP Practice, Notable Articles

Voices play a multifaceted role in human society, serving as tools for communication, identity verification, and even artistic expression. Individual voices represent a unique and valuable intangible asset, holding significance both personally and commercially. However, the rapid advancement of AI technology has raised novel questions regarding the intellectual property (IP) protection of individual voices regarding the IP protection of individual voices...

10 July

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Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....