Category: Vietnam

A: Subject matters of copyright include literary, artistic and scientific works.

Subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.

Subject matters of rights to plant varieties include plant varieties and reproductive materials.

A: Intellectual property rights have Copyright, Copyright-related rights, Industrial property, and Rights to plant varieties.

Trademark categorizes in industrial property.

A: The treaties or institutions that are members are as follows. Figures in parentheses are membership years.

1. Madrid Agreement Concerning the International Registration of Marks (1949)
2. Paris Convention for International Protection of Industrial Property (1949)
3. World Intellectual Property Organization (WIPO) (1976)
4. Patent Cooperation Treaty (PCT) (1993)
5. The Berne Convention for the Protection of Literary and Artistic Works (2005)
6. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (2005)
7. The International Union for the Protection of New Varieties of Plants (UPOV) (2006）
8. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite) (2006）
9. Madrid Protocol (2006)
10. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (2007)
11. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPSs) (2007)

A: The following cases apply.

1. In the event that the holder of trademark right has not paid the fee for maintenance or renewal by the prescribed date
2. In the event that the holder of trademark right has not declared waiver of rights granted by protection certificate
3. In the event that there is no holder of trademark right or the company does not engage in business without a legal successor
4. In the event that the registered trademark has not been used for 5 years continuously by the holder of trademark right or its holder without justification

A: An example of an invalid international trademark is Central Attack. If an international registered trademark is invalidated by Central Attack, it is possible to apply for a change to a Vietnamese domestic trademark registration application for some or all of the goods or services recorded as the invalid international registered trademark. In this case, the filing date will be the filing date or priority date of the invalidated international registration. Provided however, the application shall be submitted within three months from the date of invalidation of the relevant mark international registration.

What is Central Attack? Central Attack shall be valid if the application for trademark registration, etc., on which the international registration is based is refused, withdrawn, or abandoned within 5 years from the date of international registration, or if the trademark registration, etc., on which the basis is based expires or is invalid Or in the case of cancellation, all or part of the international registration shall be canceled within the scope of cancellation.

A: A mark which is the same as or mistakenly recognized as a protected trademark, and is attached to products, product packaging, service means, transaction materials, advertisement display or means, and other business means.

A: We can take civil, administrative, or criminal legal remedies against the infringement of trademark right.

Civil remedies

1. Compelling the termination of infringing acts
2. Compelling the public apology and rectification
3. Compelling the performance of civil obligations
4. Compelling the payment of damages
5. Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used largely for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders.

Administrative remedies

1. Caution, monetary fine against infringer
2. Confiscation of intellectual property counterfeit goods, raw materials, materials and means used mainly for production or trading of such intellectual property counterfeit goods
3. Suspension of business activities in domains where infringements have been committed for a definite time
4. Discarding infringing products and materials
5. Temporary custody of infringer
6. Temporary custody of infringing goods, material evidence and means
7. Suspension of customs procedures for goods suspected of infringing upon intellectual property rights, and inspection and supervision to detect goods showing signs of intellectual property right infringement.

Criminal remedies

1. Caution against infringer
2. Monetary fine against infringer

A: It can be confirmed from the following IP Lib provided by the Vietnam Intellectual Property Office or ASEAN TMview provided by the European Union Intellectual Property Office (EUIPO).

IP Lib: http://iplib.noip.gov.vn/WebUI/WSearch.php

ASEAN TMview: http://www.asean-tmview.org/tmview/welcome

A: As in the case of Japan, Vietnam is a member of the Madrid Protocol, so it is possible to file an international application with the World Intellectual Property Organization (WIPO)’s International Bureau through the Japanese Patent Office. Unless the National Office of Intellectual Property (NOIP) gives notice of refusal within 12 months, receiving the international registration will have the same effect as applying directly in Vietnam.

In addition, international registration based on the Madrid Protocol is valid for 10 years from the date of international registration, and can be renewed every 10 years. The start date of legal protection will be from the date of international registration or the date of recording by territorial extension.

A: The followings can be registered as trademarks.
Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors.
However, the trademark owner’s goods or services must be identifiable from those of other companies.

The followings cannot be registered as trademarks.
(1) Color
(2) National flags and national emblems
(3) Organization name, flag, symbol
(4) Real names, alias, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries
(5) Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services