Saturday, April 21, 2018

IPR in Vietnam, handle infringement, IPR protection in Vietnam

What evidences are require to prove that a mark is well-known in Vietnam?

Vietnam IP Law does not provide for the specific duration or documents to prove that a mark is famous. However, in accordance with Article 75 of IP Law concerning criteria for evaluation of whether or not a mark is well known, the following criteria shall be taken into account when considering whether or not a mark is well known:

  1. The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.
  2. The territorial area in which goods or services bearing the mark are circulated.
  3. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
  4. Duration of continuous use of the mark.
  5. Wide reputation of goods or services bearing the mark.
  6. Number of countries protecting the mark.
  7. Number of countries recognizing the mark as a well known mark.
  8. Assignment price, licensing price, or investment capital contribution value of the mark.

More specifically, in accordance with Item 42.3 of Circular 01/2007/TT-BKHCN, the documents evidencing a mark is well-known can be included but not limited to the followings:

Documents evidencing the ownership and reputation of a mark include information on the scope, scale, level and continuity of the use of the mark, including an explanation of origin, history and time of continuous use of the mark; number of nations in which the mark has been registered or recognized as a well-known mark; the territorial area in which the mark is circulated, turnover from products sold or services provided; quantity of goods and services bearing the mark manufactured or sold; property value of the mark, price of assignment or licensing of the mark and value of investment capital contributed in the form of the mark; investment in and expenses for advertising and marketing of the mark, including those for participation in national and international exhibitions; infringements, disputes and decisions or rulings of the court or competent agencies; surveyed number of consumers knowing the mark through sale, purchase, use, advertisement and marketing; rating and evaluation of reputation of the mark by national or international organizations or the mass media; prizes and medals awarded on the mark; results of examinations held by intellectual property examination organizations.

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