How Can IPR Holder Protect Intellectual Property Rights in Vietnam?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights in Vietnam of such holder:

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual property rights in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

Our Intellectual Property Lawyers in Vietnam always follow development in IP Laws to provide client with update.

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How Can IPR Holder Protect Intellectual Property Rights in Vietnam?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights in Vietnam of such holder:

 

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual property rights in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

Our Intellectual Property Lawyers in Vietnam always follow development in IP Laws to provide client with update

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How to Temporary Suspension Customs Clearance Procedures for Goods Subject to Intellectual Property Rights Protection?

The import and export of counterfeit goods or goods that violate intellectual property rights have been causing huge loss to the intellectual property rights owner.  The government’s process to control such will help utilize the resources in the society and encourage the innovative companies to invest in products in quality, designs, build trademarks… and ensure their intellectual property rights are protected and they could benefit from such. When the owner of property rights scans the market and find the violation of intellectual property rights, they could appoint intellectual property attorney to work with authorities and have proper legal solutions, including requesting the customs authority to suspend the customs clearance.

Customs dispute law firm in Vietnam

As part of the international integration process into world trade, Vietnam has gradually issued legal instruments to strengthen tools for managing the potential violations especially in intellectual property areas.

On March 6, 2020, the Ministry of Finance issued Circular no. 13/2020/TT-BTC on amending and supplementing a number of articles of Circular no. 13/2015/TT-BTC dated January 30, 2015 providing for inspect, supervise and temporarily suspend customs procedures for exports and imports subject to intellectual property protection; controlling counterfeit goods and goods infringing intellectual propertyrights.

Under point b, clause 1, Article 1 of Circular no. 13/2020/NTT-BTC, customs control of counterfeit goods and goods infringing intellectual property rights means the application of professional customs control measures or/and other professional measures implemented by customs authority according to the provisions of law to prevent and combat smuggling and illegal transportation of goods being counterfeit goods and goods infringing intellectual property rights in the geographical areas of customs operation. Compared with the provisions of Circular no. 13/2015/TT-BTC, the scope of customs control for counterfeit goods and goods infringing intellectual property rights is expanded, not only borders, non-tariff areas.

The Ministry of Finance supplements cases of refusal to receive applications for inspection and supervision of export and import goods that require protection of intellectual property rights of organizations or individuals, specifically: may refuse to accept applications if additional submissions are within 10 working days from the date of the notice of additional submission.

Besides, amending and supplementing regulations on handling of goods showing signs of intellectual property rights infringement. Within 03 working days after receiving the notice of goods showing signs of infringement of intellectual property rights of the customs office, if the intellectual property right holder or the lawfully authorized person does not have the request for suspension of customs procedures is completed, the customs authority will continue to carry out the customs procedures. In case the intellectual property right owner or the lawfully authorized person does not have a written request for temporary suspension of customs procedures but pays a sum of money or guarantee documents as prescribed or have a written request for temporary suspension of customs procedures but do not pay a sum of money or guarantee documents as prescribed, the Sub-department of Customs where customs procedures are carried out does not suspend customs procedures for goods, unless it is detected counterfeit goods on intellectual property. In contrast, if the intellectual property rights owner of goods requests the suspension of customs procedures, the Sub-department of Customs where the customs procedures are carried out shall issue a decision on suspension of customs procedures. In cases where there are sufficient grounds to identify goods infringing upon intellectual property rights, the Director of the Customs Sub-Department shall consider deciding to immediately apply handling measures prescribed in Articles 214 and 215 of the Law on Intellectual Property 2005, at the same time, coordinate with control forces at all levels to collect information, investigate and verify goods to handle according to regulations. The time limit for suspension of customs procedures is 10 working days from the date the customs authority issues a decision to suspend customs procedures. In addition, different from the previous regulations, the person who requests for temporary suspension of customs procedures may extend the time limit (if there is a plausible reason) if paying additional money or guarantee documents, the extended time limit; the extended period shall not exceed 10 working days from the expiry of the suspension period as prescribed in clause 8, Article 1 of Circular no. 05/2020/TT-BTC.

Regulations on suspension of customs procedures for detecting signs of infringement of intellectual property rights are provisions to protect goods that have been registered for intellectual property rights. Intellectual property is the most valuable type of intangible asset to every enterprise. When an enterprise has trademarks, inventions, industrial designs… applied to products that are registered for intellectual property rights, these intellectual property objects will become the property of the enterprise, and giving the company a lot of advantages on monopoly rights and protection policies and such should be protected properly with the help of intellectual property lawyers.

This Circular is effective from April 20, 2020. Organizations and individuals exporting or importing goods; Organizations and individuals that are owners of intellectual property rights, owners of genuine goods which are counterfeited or lawful representatives of owners need to follow and comply with the provisions of law to know and protect their rights.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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How Can IPR Holder Protect Intellectual Property Rights?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights of such holder in Vietnam:

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual propertyrights in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

Our Intellectual Property Lawyers in Vietnam always follow development in IP Laws to provide client with update

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What are Remedies of Intellectual Property Infringement in Vietnam?

Any organization or individual who commits an act of infringement of the intellectual property rights of another organization or individual shall, depending upon the nature and seriousness of such infringement, be dealt with by the application of civil, administrative or criminal remedies.

Intellectual Properties Rights in Vietnam

In necessary cases, the competent State body may apply provisional urgent measures, measures to control intellectual property related imports and exports, preventive measures and measures to secure enforcement of an administrative penalty in accordance with the provisions of this Law and other relevant laws.

Our Intellectual Property lawyers in Vietnam always follow changes in IP Law to provide clients with update.

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WHAT IS TRADEMARK REGISTRATION?

Trademark Registration

In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.

Register trademark in Vietnam 

ADVANTAGE

If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, Trademark Registration is essential.

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.

You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

Brand Name & Logo

Information Form

Form TM 48

FAQ

Why we should file for trademark registration?

Filing for Trademark Registration is strongly advised as it is first the first step towards protecting the identity of your business. It establishes your claim of ownership of that mark and gives you the exclusive right to use the mark on or in connection with the trade or provision of services for which the mark has been filed.

What are the different types of trademark?

Now, due to recent changes we have only five categorisations at the time of making trademark application. These are:

1. Word Mark

2. Logo

3. Device Mark

4. Small Mark

5. Taste mark

Who can file Trademark application?

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

What is the difference between trademark registration and copyright registration for logo?

A logo can be protected both under the Trade Marks Act and Copyrights Act. TM Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

What is the validity of a trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

How long does it take to register a trademark?

Registration of Trademark is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

Can I use the ® symbol?

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Can I create a brand name that contains another brand name?

I’ll echo what others are saying—this is a bad plan. An established brand name is going to have trademark protections and will have no problem proving that they were already situated in the market long before you. Trademark law relies heavily on what the consumer thinks. If a consumer I confused by your brand name then it will only lead to problems. 

Register trademark in Vietnam

Your best option is to create a unique brand name. It may take a little more time and thought, but it’s possible.

If you have more questions about IP law, then you should consult an attorney. ANTLawyers.vn can put you in touch with a seasoned Intellectual Property lawyers in Vietnam that can help you with the process of trademarking your own brand name. Check out our website and get in touch if you’d like to set up a consultation.

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What is "intellectual property"?

Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

Intellectual property rights are the rights given to persons over these creations. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. IP is protected in law by patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

Infringements of intellectual property rights in Vietnam

Have a look at some of the most common forms of intellectual property protected bylegal provisions, along with their unique characteristics

Trademark

•           Applies to: Words, logos, slogans

•           Applicant: Business owners

•           Validity: Indefinite, but to be renewed every 10 years

•           Ownership without registration? Limited Rights for unregistered Trademark holders

Copyright

•           Applies to: Photographs, movies, music, software code

•           Applicant: Artists & creative professionals, primarily but anyone can apply

•           Validity: Lifetime of the author, plus 60 years

•           Ownership without registration? Yes, but with qualifications. Limited Rights.

Patent

•           Applies to: Inventions & ideas

•           Applicant: Inventors & designers

•           Validity: 20 years

•           Ownership without registration? No

Provisional Patent

•           Applies to: Inventions & ideas

•           Applicant: Inventors & designers

•           Validity: 1 Year

•           Ownership without registration? No

Other than these three* primary types, Trade Secrets are also a form of intellectual property. What are those? Trade secrets typically rely on private measures to be protected rather than state action. A trade secret is any information that helps make the operation and functioning of a business or any other enterprise smoother. The secret maybe a formula, process of manufacturing, list of customers or a pattern of machines. An intellectual work is not a trade secret if it is generally known within the industry, published in journals, books, etc.

Businesses and enterprises usually ask new employees to sign a contract to safeguard their trade secrets before letting them join. However, anon-disclosure clause may be added to the contract whereby the employee is not supposed to ‘disclose’, reveal or share any of the company’s trade secrets.

*Provisional patent serves as a preliminary to the permanent patent, and one must apply for a permanent patent grant within 12 months of applying for a provisional patent.

If you’re looking to read more about intellectual property then head to the Answers page on the website ANTLawyers.vn. Also, we have pre-vetted, experienced Intellectual Property Lawyers in Vietnam available to complete any IP work you need done for an affordable price. Good luck!

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Patent Prosecution Highway Mechanism Between Vietnam and Japan

First pilot program between Vietnam National Office of Intellectual Property (NOIP) and Japanese Patent Office (JPO)

NOIP and JPO have jointly undertaken the first Pilot Patent Prosecution Highway program (“PPH”) since 01^stApr, 2016.

According to this bilateral PPH, the patent application filed at JPO (previously filed at NOIP) falling into one of the three following cases:

Intellectual Property Lawyers in Vietnam

(i)     An application which validly claims for priority under the Paris Convention on the basis of NOIP application(s), or

(ii)     A PCT national phase application to Japan without priority claim, or

(iii)   An application which validly claims for priority under the Paris Convention to the PCT application(s) without priority claim.

And meeting other conditions regulated in Procedures guidance to file a request to JPO for PPH program between JPO and NOIP (“Procedures”), the applicant shall be entitled to request JPO to fast prosecute the application on the basis of providing research and evaluation results of NOIP and other relevant documents to JPO for references.

For the patent application filed at NOIP (previously submitted to JPO) falling into one of the three following cases:

(i)     An application which validly claims for priority under the Paris Convention on the basis of JPO application(s), or

(ii)     A PCT nationalphase application to Vietnam without priority claims and this PCT submitted to JPO as an international application receiving agency (applications’ number initiating with PCT/JP hereby referred to as “PCT/JP applications”), or

(iii) An application claims for priority under the Paris Convention on the basis of PCT/JP application(s) without priority claims;

And meeting other conditions regulated in the Procedures, the applicant shall be entitled to request NOIP to fast prosecute the application on the basis of providing research and evaluation results of JPO and other relevant documents to NOIP for references. The duration of the PPH program shall be expired by the date of March 31^st, 2019.

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