What are regulations on the act of using commercial indications to cause confusion in Vietnam?

What are regulations on the act of using commercial indications to cause confusion in Vietnam? - image from internet

The act of using commercial indications to cause confusion in Vietnam

1) The subject that has the right to request the handling of the act of using commercial indications to cause confusion is a business entity that has used the commercial indications specified in Clause 2 Article 130 of the Law on Intellectual Property in a widespread and stable manner in legal business activities in Vietnam. In addition, it is known to consumers for the reputation of the business entity and the goods and services bearing that commercial indication.

2) Commercial indications stipulated in Clause 2 Article 130 of the Law on Intellectual Property include brands, trade names, geographical indications, and following subjects:

(i) "Product label" is a written, printed, drawn, or copied text, drawing, or image that is directly attached, printed, cast, engraved, or carved on the product, commercial packaging of the product, or on other materials attached to the product, commercial packaging of the product. It expresses the basic and necessary information about the product so that consumers can identify and use it as a basis for selection, consumption, and use; It helps the manufacturers and businesses to promote their products. It also helps authorities to carry out inspection and control.

(ii) "Business slogan" is a group of words that appears next to the name of a business or the brand of a business's product to emphasize the business's purpose or business criteria or the target customers that the product is aimed at.

Examples:

Bitis': "Nâng niu bàn chân Việt" (Cherishing Vietnamese feet)

Trung Nguyên Coffee: "Khơi nguồn sáng tạo" (Sparkling creativity)

(iii) "Business logo" is a symbol, writing, drawing, or shape that is designed in a unique way. It is considered to be the symbol of the business used in business activities.

(iv) "Product packaging design" is the design and decoration of product packaging including shape, lines, drawings, letters, numbers, colors, presentation, color combination, layout, and combination of the above elements to create a unique impression or characteristic of the product packaging.

3) Acts of using commercial indications include signs (constituent elements, presentation, combination of elements, color, overall impression to consumers) that are identical or similar to the corresponding commercial indication of the subject with the right to request handling of unfair competition behavior used for goods or services that are identical or similar.

The use of the above indication is intended to confuse consumers about the business entity, business activities, commercial origin of the goods or services, geographical origin, production methods, features, quality, quantity, other characteristics of the goods or services, or about the conditions for providing goods or services.

4. The subject requesting the handling of unfair competition behavior regarding the use of misleading commercial indications must provide evidence to prove:

(i) The business entity has used the trade indication in a widespread and stable manner, and is known to many consumers in Vietnam, which may include: Information on advertising, marketing, exhibition; Sales revenue; Number of products sold; Distribution agent system, joint venture, association; Investment scale; Assessments by state agencies, mass media, consumer votes, and other information that reflects the reputation of the business entity associated with the trade indication in its business activities in Vietnam;

(ii) The subject to be requested for handling has used the misleading commercialindication on goods, packaging of goods, business tools, service tools, advertising tools;

(iii) The subject to be requested for handling continues to use the misleading commercial indication even though it has been requested by the rights holder to terminate the use or change the indication.

Best regards!