Combating IP Infringement Effectively: Why Multi-Form Protection is Essential in Vietnam

in IP Practice, Notable Articles, Vietnam

A product may meet the conditions for protection under multiple forms of Intellectual Property (IP) rights, such as Patents, Industrial Designs, Trademarks, and Copyrights in Vietnam. Each form of IP protection has its own advantages and scope of protection.

Patents: Protect the novel and inventive features and functionalities of a product.
Industrial Designs: Protect the external appearance and aesthetic aspects of a product.
Trademarks: Protect logos, brands, and product names.
Copyrights: Protect creative, literary, and artistic elements embodied in a product (such as user manuals, software, and graphic designs).

Utilizing a combination of intellectual property (IP) protection strategies can provide comprehensive safeguards for various aspects of a product. Therefore, in addition to filing for industrial design protection for product packaging, businesses should also consider seeking additional protection for their products under other forms of IP, such as trademarks, patents, or copyrights. This approach establishes a robust legal framework to effectively combat IP infringement.

Simultaneously registering trademarks, industrial designs, and even copyrights for “product packaging” not only protectes the product’s visual and design elements but also empowers businesses to establish a robust legal arsenal against IP infringement. Combining the registration of these three IP types creates a broader legal basis to combat IP infringement and deter rivals from easily replicating products. In instances of product imitation or counterfeiting, businesses can leverage any or all of these three IP rights to seek remedies through Vietnamese enforcement agencies, including administrative measures (seizure of infringing products, destruction, administrative fines), civil actions (demanding infringers to cease infringement, issue apologies, make public rectifications, and pay damages), or even criminal prosecution.

Relying solely on a single protection form can expose businesses to risks, as certain product aspects may not be adequately protected. Additionally, the evaluation process for certain IP rights, such as trademarks in Vietnam, can be lengthy, taking 15 to 20 months. Employing a combination of protection strategies mitigates these risks and shields businesses from legal disputes. Combining various IP protection forms constitutes an effective strategy for comprehensive product protection, enhancing market competitiveness, attracting investments, and expanding business opportunities.

While registering for trademark protection under multiple IP forms may incur higher costs compared to a single registration, considering the numerous benefits, particularly in the face of rampant counterfeiting, seeking protection for products under multiple IP forms in Vietnam constitutes an effective intellectual property (IP) protection strategy.

QUAN, Nguyen Vu | Partner, IP Attorney

Uyen, Vu Thi Thu| Associate

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