Insights & Commentary

Academic analysis based on the 2026 consolidated text

Commentary on the Draft Law Amending and Supplementing Certain Articles of the Intellectual Property Law

A Case Note on First-Instance Judgment No. 150/2024/KDTM-ST and Draft Precedent No.21/2026

Note: The document analyzed is Draft Precedent No. 16/2026. The draft itself leaves the date of adoption and the publication decision blank. Accordingly, at the time of writing, it should be distinguished from a precedent formally adopted and published by the Judicial Council of the Supreme People’s Court.

Article 87.1 of the Law on Intellectual Property stipulates that "Organizations and individuals shall have the right to register trademarks to be used for goods they produce or services they provide."

Article 96(1)(a) of the Intellectual Property Law stipulates that a trademark shall be invalidated if it was filed in bad faith.    

The IP Law 2025 further shortens the time limit for filing an application opposition compared to the IP Law 2022.

Grounds: Article 74.2(e) of the IP Law

Grounds: Article 74.2(b) of the IP Law

Trademark law protects not only the visual sign itself but also the underlying system of quality control and the proprietor’s right of governance over that sign