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Protecting the Brand of Enterprises in Vietnam

02-06-23 MTParners

A business develops its products, services, and brands through trademarks, industrial designs … to bring them to consumers, therefore, in the process of development, there are unavoidable disputes over trademark ownership rights. On the other hand, when the products and services of the business have been widely used in the market and are accepted and trusted by consumers, they will have to face the situation of fake and counterfeit goods. Therefore, the issue of enforcing industrial property rights to protect trademarks has never stopped when the business is on the rise.

When a business develops but has to face fake and infringing goods, it not only affects the legitimate business activities of the business (reducing profits, inventory, …) but also erodes the trust, reputation and honor of the business with consumers. Therefore, the enforcement of industrial property rights is an essential issue to combat fraudulent activities and ensure legitimate and honorable business activities of the business.

According to current law: Acts of infringement (including fake and infringing goods) of intellectual property rights (trademarks) in Vietnam can be handled by administrative, civil and criminal measures.

1. Administrative measures

Administrative measures are measures in which the owner of intellectual property rights (trademarks) can request one of the following state agencies to handle acts of infringement:

• People’s Committees at district and provincial levels;
• Inspectorate of the Ministry of Science and Technology (under the Ministry of Science and Technology);
• Inspectorate of Culture and Information (under the Ministry of Culture and Information);
• Market Management Force (under the Ministry of Industry and Trade);
• Economic police (under the Ministry of Public Security).

2. Civil measures

Civil measures are measures in which the parties involved seek the adjudication of the court.

3. Criminal measures

Acts of infringement causing serious consequences (Articles 170 and 171 of the Criminal Code) will be subject to criminal measures.

Therefore, when a business needs to register to establish rights for Trademarks and/or detects acts of infringement of intellectual property rights, please contact us for consultation and cooperation in handling.