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Trade name

Definition     

Trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.

A business area mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.

Industrial property rights to trade names shall be established on the basis of lawful use of the trade names. The owner of a trade name shall be the organization or individual that legally uses it in the course of business. 

General requirements for trade names eligible for protection

A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and locality of business.

Subject matters not protected as trade names 

Designations of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations or those entities who are not engaged in business activities shall not be protected as trade names. 

Distinctiveness of trade names  

A trade name shall be considered as distinctiveness if it meets the following conditions:

1. To consist of a proper name, except where it has been widely known as a result of use;
2. Not to be identical with or confusingly similar to a trade name having been used earlier by another person in the same field and locality of business;
3. Not to be identical with or confusingly similar to another’s mark or a geographical indication having been protected before the date it is used.

Trade secret

Definition     

Trade secret means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.
Industrial property rights in business secrets shall be established on the basis of legal acquirement and secret keeping of the trade secrets; 

General requirements for business secrets eligible for protection 

A business secret shall be eligible for protection if it meets the following requirements:
1. Neither to be common knowledge nor easily obtained;
2. To be capable, when being used in the business course, to render advantages to its holder over those who do not hold or use it;
3. To be kept secret by its owner with necessary measures so that it shall neither be disclosed nor easily accessible. 

Subject matters not protected as business secrets  

The following confidential information shall not be protected as business secrets:
1. Personal status secrets
2. State management secrets.
3. Security and national defense secrets.
4. Other confidential secret information irrelevant to business.

Intellectual property assessment

Intellectual property assessment means the use by organizations or individuals with their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights.

Businesses, cooperatives, non-business units or law-practicing organizations, except foreign law-practicing organizations practicing in Vietnam which satisfy the following conditions may conduct intellectual property assessment:

1. Having personnel and physical-technical foundations meeting law-prescribed requirements on assessment operations;
2. Having the function of conducting intellectual property assessment as stated in their business registration certificates or operation registration certificates;
3. Their heads or persons authorized by their heads possess intellectual property assessor cards.

Individuals who fully satisfy the following conditions may be granted intellectual property assessor cards by competent state agencies:
a. Being a Vietnamese citizen and having full civil act capacity;
b. Permanently residing in Vietnam;
c. Possessing good ethical qualities;
d. Possessing a university or higher degree in a profession relevant to domains in which an assessor card is applied for, having conducted professional activities in these domains for five or more years and passed a professional assessment examination.
State agencies competent to handle acts of infringing upon intellectual property rights may request intellectual property assessment when handling cases or matters they have accepted.
Intellectual property right holders and other related organizations and individuals may request intellectual property assessment to protect their legitimate rights and interests.

Acts of unfair competition

Right to repression of unfair competition shall be established on the basis of competition in business.

The following acts shall be acts of unfair competition:

1. Using commercial indications that cause confusion as to business entities or business activities or commercial source of goods or services;
2. Using commercial indications that cause confusion as to the origin, production method, feature, quality, quantity or other characteristics of goods or services; or as to the conditions for provision of goods and services;
3. Using a mark being protected in a country which is party to an international treaty to which Vietnam is a party under which provisions, the representative or agent of the mark owner is prohibited from using the mark, if the user was a representative or agent of the mark owner and such use was neither consented to by the mark owner nor justified;
4. Registering or possessing the right to use or using a domain name identical with or confusingly similar to a protected trade name or mark of another person, or a geographical indication that one does not have the right to use, for the purpose of possessing the domain name, benefiting from or prejudicing reputation and goodwill of the respective mark, trade name and geographical indication.
The commercial indications mean signs, information serving as guidelines to trade of goods and services, including marks, trade names, business symbols, business slogans, geographical indications, package designs, label designs, etc.

Use of commercial indications shall include any act of affixing such commercial indications on goods, packaging, service means, business transaction documents and advertising means; selling, advertising for sale, storing for sale and importing goods affixed with such commercial indications.

Industrial Property rights transfer

Assignment of industrial property rights      

General provisions on assignment of industrial property rights

1. Assignment of an industrial property right means the transfer of ownership right by the industrial property owner to another organization or individual.
2. The assignment of an industrial property right shall be conducted in the form of written contract (hereinafter referred to as contract for assignment of industrial property right).

Restrictions to assignment of industrial property rights

1. An industrial property right owner shall only assign his or her right within the scope of protection.
2. The rights to a geographical indication shall not be assigned.
3. The rights to a trade name shall only be assigned together with the transfer of the entire business premise and business activities under the trade name.
4. The assignment of the rights to a mark shall not cause confusion as to characteristics or origin of the goods or services having the mark.
5. The rights to a mark shall only be assigned to the organizations or individuals who fulfill requirements for the person having the right to registration in respect of that mark. 

Licensing of industrial property objects  

General provisions on licensing of industrial property objects

1. Licensing of an industrial property object means the permission of the industrial property owner given to another organization or individual to use the industrial property object within the scope of the owner’s use right.
2. The licensing of an industrial property object shall be conducted in the form of written contract (hereinafter referred to as license contract for use of industrial property object).

Restrictions to licensing of industrial property objects

1. The right to use a geographical indication or a trade name shall not be licensed.
2. The right to use of a collective mark shall not be licensed to organizations or individuals other than members of the collective mark owner.
3. The licensee shall not enter into a sub-license contract with a third party without permission of the licensor.
4. A mark licensee shall have the obligation to indicate on goods and packaging thereof that the goods have been produced under a contract for use of mark.
5. An invention licensee under an exclusive contract shall have the obligation to use such invention in the same manner as the invention owner in accordance with the Law. 

Registration of contracts for transfer of industrial property rights   

Effect of contracts for transfer of industrial property right

1. A contract for assignment of industrial property right shall only be effective upon registration with the state administration authority of industrial property rights.
2. A contract for use of industrial property object shall be effective as agreed by the parties but shall only be effective to a third party upon registration with the state administration authority of industrial property rights.
3. Validity of a licensing contract for use of industrial property object shall be terminated ex-officio upon the termination of licensor’s industrial property right.

Dossier for registration of contracts for transfer of industrial property right 

A dossier for registration of a licensing contract for use of industrial property object or a contract for assignment of industrial property right shall comprise the following:

1. A request for registration of contract, made in prescribed form;
2. An original or a valid copy of the contract;
3. The original of the Protection Title (in case of assignment of industrial property right);
4. Co-owners’ written consent and a written explanation of the reason for disagreement of the rest co-owners if the industrial property right is under co-ownership;
5. Receipt of fees and charges;
6. Power of attorney, if the dossier is filed through a representative. 

Member of

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Contacts

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