Topics & Commentary

(Law on Paper vs. Law in Practice)

Third party observation on the grant of Protection Titles was stipulated in Article 112 of the IP Law 2005 (passed by the Vietnam's National Assembly on November 29, 2005 and effective from July 1, 2006). This article was written as follows: Article 112. Third parties’ observation on the grant of Protection Titles From the date ...

A pending question – How is LoC can be accepted by IPVN as evidence to exclude likelihood of confusion?

Article 74.2(l) reflects a well-intentioned but unnecessary provision

Grounds: Point b, Clause 1, Article 96 of the IP Law

Grounds: Article 129, 130 IP Law; Article 3.6 of the Competition Law 2018

Industrial property rights to trade names shall be established on the basis of the lawful use of those trade names, and for those trade names the procedures for registration with the NOIP is not required. While exercising the rights to and upon the settlement of a dispute over a trade name, ...

Grounds: Article 74.2.(e), IP Law.

Grounds: Article 74.2. (e) and (c), IP Law

Grounds: Article 74.2.c, IP Law

In the IP Vietnam’s previous decision, now revoked, “A” and “Animal” were not protected separately.

IP rights are not absolute, and must be exercised in a manner consistent with the purpose of protection, respecting public interest, and avoiding the obstruction of legitimate commercial activities.