Is naked (bare) licence available under The IP Law of Vietnam?

According to: http://definitions.uslegal.com/n/naked-license/, naked license is licensing a trademark without the necessary controls over the use of the mark. When a trademark is licensed without specifying the quality of the goods to be sold it is called naked licensing. In such conditions the trademark will be considered as abandoned. If a company permits anyone to use its name for just any product, there would be no value left to the name and it will bear no significance. A naked license results in the mark losing its identity as a symbol of equal quality since there are no restrictions over the products or services that bear the mark. Therefore, it is deemed an absolute assignment and that the mark is abandoned by the assignor.

According to Article 144.1 of the Intellectual Property Law of Vietnam, the content of the Licence Contract/Agreement in Vietnam must contain the following contents:

a)      Full names and addresses of the licensor and of the licensee;

b)      Grounds for licensing;

c)       Contract type;

d)      Licensing scope including limitations on use right and territorial limitations;

e)      Contract term;

f)       Licensing price;

g)      Rights and obligations of the licensor and of the licensee.

The above a) to f) does not specify the quality of the goods bearing the licenced mark to be sold. It is of note that in the above d), “Licensing scope including limitations on use right…” may denote the limitation on use right within a mutually agreed terms/period during the licence.

Thus, it is believed that a naked (bare) license is available in Vietnam

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