Infringement of Intellectual Property Rights Under Vietnam’s Criminal Code

At an informal meeting of representatives from 11 countries (without US) taking place on the Asia-Pacific Economic Cooperation (APEC) dated on November 10th, 2017, the parties agreed to change from Trans-Pacific Partnership Agreement (TPP) to the Comprehensive and Progressive Partnership for Trans-Pacific Partnership (CPTPP).

IP infringement lawyers in Vietnam

Accordingly, the CPTPP contains 8,000 pages of documents, but only 20 articles of the TPP agreement, including 10 articles related to intellectual property (IP) and 4 points are reserved for the parties to negotiate in next time. Each member will list its delimited list of restrictions of their country.

According to the Vietnam Minister of Industry and Trade, CPTPP still guarantees a quality agreement like TPP-12, while ensuring new equilibria for member countries. The content of the CPTPP is not only about trade, investment, but also on intellectual property (albeit temporarily postponed) and other broad areas.

With CPTPP, Vietnam may not be the most beneficiary country like the proposed TPP, but it is still very important, because it brings together many of the criteria associated with reform, particularly institutional reform, improving the investment climate, business.

Vietnam law on Intellectual Properties will need to be amended because the legal system of Vietnam’s IP is not consistent with the legal system of developed countries.  The Law on Intellectual Property of Vietnam, after many proposals, has not yet been approved by the National Assembly. Meanwhile, the amended Law on Technology Transfer, though approved in June 2017, still lacks specific guidelines on technology transfer.

Intellectual property rights in the TPP not only contain general provisions and requirements relating to areas of cooperation, patents, test data, designs, trademarks, geographical indications or copyright but also focuses on the legal enforcement of this right by nations.

The CPTPP is based on agreed commitments at the TPP, which are particularly important in paving the way for Vietnamese goods to penetrate into the members’ markets.

 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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What is distinction between registered trademark and unregistered trademark?

Registered Trademark

A registered trademark is one in which the proprietor of the marks files an application before the Trademarks Registery in the relevant class and is granted registration by the Trademarks Registry. To get registration, the applicant needs to show to the Registry that it's distinguishable from others and creates a unique identity for the product. Once Registered, a trademark gets protection under the Trademarks Act and the proprietor can sue any party using his trademark for infringement and can also claim damages. When the trademark is applied, the proprietor can add (TM) written in a small font on the upper right hand corner of the mark. Once Registered, (R) can be added in place of TM.

Register trademark in Vietnam

Unregistered Trademark

An unregistered trademark is one which is not registered by the Trademarks Registry. It may be a case of pending for registration or it may be a case where the proprietor has not filed any application for registration of trademark. There are cases where some proprietors use trademarks which are not capable of registration and they decide not to apply. There are also cases which which the proprietor decides to use a trademark which is deceptively similar to a registered trademark and the proprietor knows that it is almost impossible to get registration. In some cases, proprietor doesn't apply for registration due to ignorance of IP laws.

An unregistered trademark doesn't have much protection under trademarks act. The proprietor can only sue a third party for passing off and not infringement. The proprietor can also not stop any other party from using the same mark. In short the proprietor doesn't get any statutory protection but gets only some common law rights.

One can't use (R) with an unregistered trademark.

ANT Lawyers 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 in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We are representing and advising clients being multinationals, inventors, global partner law firms serving their clients in IP works in Vietnam.

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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