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Amendments to Trademark Laws

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Nov 04, 2024 (Newsletter Issue 10/24)
Vietnam
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New Circular on administrative sanctions


On September 30, 2024, Vietnam's Ministry of Science and Technology issued Circular No. 06/2024/TT-BKHCN (Circular 06), amending and supplementing Circular No. 11/2015/TT-BKHCN. Circular 06 updates the rules on administrative sanctions for industrial property under Decrees No. 99/2013/ND-CP and No. 46/2024/ND-CP. It will come into effect on November 15, 2024, aligning Vietnam's Intellectual Property (IP) Law with its enforcement practices. Key changes include:

1. Clarification on Sanctions:

The new circular specifies that sanctions like suspension of business activities (for 1-3 months) only apply to activities directly linked to the violating goods or services.

2. Domain Name Dispute Measures:

Circular 06 introduces procedures for brand owners to request a temporary hold on domain name registrations in cases of cybersquatting, facilitating better coordination between authorities and domain registrars.

3. Unfair Competition in Domain Names:

The circular sets out how to prove unfair competition with domain names that are identical or confusingly similar to registered trademarks. However, it doesn't align fully with the Uniform Domain Name Dispute Resolution Policy (UDRP), which could complicate domain transfers in dispute cases.

4. Exemption for IP Protection Indications:

Circular 06 exempts businesses from sanctions for using IP protection symbols (e.g., ®, "protected trademark") if they include a sub-label indicating the IP's registration status in Vietnam. This reduces issues caused by customs penalties for non-Vietnam registered IP.

5. Trademark License Contracts:

The circular mandates that a formal trademark license agreement be in place for using a licensed trademark on goods. Informal agreements (like letters of consent or authority) will no longer be sufficient, raising concerns about potential legal uncertainties.

Source: https://www.tilleke.com/