Acts of infringing on IP rights in Vietnam

Along with the development of commercial activities and the great progress of science and technology, the infringement of intellectual property rights also increases alarmingly all over the world.  So, what is understood as this behavior, and what are the specific acts of IP infringement in Vietnam?

Acts of infringing upon intellectual property rights are detailed in Articles 28, 35, 126, 127, 129, and 188 of the Vietnam Intellectual Property Law. In the determination of whether an act is considered an infringement of intellectual property rights under the above provisions, Article 5 of Decree 105/2006/ND-CP has detailed it clearly. Namely:

– The subject to be considered is within the scope of subjects being protected by intellectual property rights.

– There is an infringing element in the considered subject.

– The person who commits the act under consideration is not an intellectual property right holder and is not a person permitted by law or competent.

– The act under consideration occurred in Vietnam (Take notes that the act under consideration is also considered to have occurred in Vietnam if it occurs on the internet but is aimed at consumers or private users in Vietnam).

Acts of infringing upon rights to inventions, industrial demarks and layout demarks

The following acts are considered to infringe upon the rights of owners of inventions, industrial demarks  and layout demarks:

– Use a protected invention, industrial demark, layout demark, or any original part of the arrangement demark within the validity period of the protection certificate without the permission of the owner;

– Use inventions, industrial demarks, layout demarks without paying compensation according to provisions on temporary rights.

Acts of infringing upon rights to trade secret

The following acts are considered infringing rights to trade secrets:

– Access and collect information belonging to a trade secret by resisting the security measures of the person who legally controls the trade secret. The legal controller of a trade secret includes the owner of the trade secret, the person who is legally the right to use the trade secret, and the manager of the trade secret.

– Disclosure or use of information belonging to a trade secret without the permission of the owner of the trade secret;

– Violating confidentiality contracts or defrauding, inducing, bribing, coercing, seducing, taking advantage of the trust of persons with confidentiality obligations in order to access, collect or disclose trade secrets;

– Access and collect information belonging to the applicant’s trade secret according to the procedures for applying for a business license or product circulation by resisting the security measures of the competent authority;

– Using or disclosing a trade secret despite knowing or being obliged to know that trade secret obtained by another person in connection with one of the four acts above;

– Failure to perform the obligation to keep test data confidential in accordance with the provisions of intellectual property law

Acts of infringing on trademark rights

The following acts performed without the permission of the trademark owner are considered to be infringing upon trademark rights:

– Using a mark identical to a protected mark for goods or services on the list of registered trademarks attached to that trademark;

– Using a mark identical to a protected trademark for goods or services similar to or related to goods or services on the list of registered trademarks attached to such mark, if the use is likely to cause confusion about the origin of goods and services;

– Using a mark similar to a protected mark for goods or services identical to, or related to, goods or services on the list of registered trademarks, if the use is likely to be causing confusion about the origin of goods or services;

– Using marks identical or similar to well-known trademarks or marks in the form of translations or transliterations of well-known trademarks for any goods or services, including goods and services that are not identical or similar and is not related to goods or services on the list of goods and services bearing well-known trademarks, if the use is likely to cause confusion about the origin of goods or give a false impression about the relationship between the user of that mark and the owner of the well-known trademark.

Acts of infringing rights to trade names

Any act of using a trade indication identical or similar to another’s trade name that has been used before for the same product or service or for a similar product or service, causing confusion about the business entity, business establishment, or business activity under that trade name is considered an infringement of the rights to the trade name.

Acts of infringing on rights to geographical indications

The following acts are considered to infringe upon the right to a protected geographical indication:

– Using a protected geographical indication for a product, although originating from the geographical area bearing the geographical indication, the product does not meet the standards of specific properties and quality of the product bearing geographical indication.

– Using a protected geographical indication for products similar to those bearing the geographical indication for the purpose of taking advantage of the reputation and prestige of the geographical indication;

– Using any mark identical or similar to a protected geographical indication for a product that does not originate from the geographical area bearing the geographical indication to mislead consumers as to the origin of the product in that geographical area;

 – Using protected geographical indications for wines, spirits for wines, spirits that do not originate from the geographical area corresponding to such geographical indication, even in cases where such true origin of the good or a geographical indication used in translation, transliteration or accompanied by words of type, type, form, adaptation or similar words are used.

Acts of infringing on rights of plant varieties

Article 188 – Intellectual Property Law regulates that the following behaviors are considered an infringement on the plant varieties rights of owners:

• Exploit and use the protective certificate owner’s rights without the permission of the protective certificate owner;
• Use the name of the plant variety that is coincidental or similar to the name of the protected plant variety for the same species or related species close to the protected plant varieties;
• Use the protected plant varieties without paying compensation as prescribed in Article 189 of the IP Law.

*** Other Articles***

– You could visit here to see the Trademark Registration in Vietnam.

– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.

– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.

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