Home / Intellectual Property Rights

Intellectual property protection for trademarks from the practice of Bac Giang province - 1


ACADEMY

VIETNAMESE SOCIAL SCIENCES

Academy of Social Sciences

Maybe you are interested!


TRAN CHI THANH

Intellectual property protection for trademarks from the practice of Bac Giang province - 1


INTELLECTUAL PROPERTY RIGHTS PROTECTION FOR TRADEMARKS FROM PRACTICE IN BAC GIANG PROVINCE


Major: Economic Law Code: 60.38.01.07


MASTER'S THESIS IN LAW


SCIENTIFIC INSTRUCTOR: DR. LE MAI THANH


HANOI, 2016


COMMITMENT


I hereby certify that:

The data and research results in this thesis are completely honest and have never been used or published in any other work.

Any help received in preparing this thesis has been acknowledged and all sources used in the thesis have been duly acknowledged.


Thesis author


TRAN CHI THANH


INDEX

Page

INTRODUCTION 1

CHAPTER 1: THEORETICAL BASIS OF TRADEMARK PROTECTION AND 6

TRADEMARK PROTECTION LAW

1.1. Overview of trademarks and intellectual property protection for trademarks

1.2. Concept and content of intellectual property protection for trademarks 17

1.3. Legal framework for intellectual property protection of trademarks 24

CHAPTER 2: CURRENT STATUS OF LAWS ON PROTECTING PROPERTY RIGHTS 31

INTELLECTUAL PROPERTY FOR TRADEMARKS THROUGH PRACTICE IN BAC GIANG PROVINCE

2.1. Overview of specific factors of Bac Giang province affecting the protection of 31 intellectual property rights for trademarks

2.2. Current status of implementation of regulations on establishing intellectual property rights 33 for trademarks in Bac Giang province

2.3. Current status of implementation of regulations on intellectual property rights 41 for trademarks in Bac Giang province

2.4. Current status of intellectual property rights enforcement for trademarks in Bac Giang province 43

CHAPTER 3: DIRECTIONS AND SOLUTIONS FOR IMPROVEMENT 52

LAW ON PROTECTING INTELLECTUAL PROPERTY RIGHTS FOR TRADEMARKS

3.1. Directions for perfecting the law on intellectual property protection for trademarks

3.2. Solutions to improve the effectiveness of intellectual property protection for 57 trademarks

CONCLUSION 74

REFERENCES 76

APPENDIX 78


LIST OF ABBREVIATIONS


BLDS: Civil Code

BLHS: Criminal Code

People's Council: People's Council

Science and Technology: Science and Technology

Socio-economic: Socio-economic

SHTT: Intellectual Property

SHCN: Industrial property

TRIPs: Agreement on Trade-Related Aspects

trade of intellectual property

People's Committee: People's Committee

WIPO: World Intellectual Property Organization


INTRODUCTION


1. Urgency of the topic

Brands are always associated with products and services and play an important role not only in production and business but also in social life. As a sign indicating that the enterprise has provided those goods and services to the market, the brand not only helps consumers recognize a product among many similar products but also demonstrates the reputation of the enterprise. However, the common point of Vietnamese enterprises is that their understanding of intellectual property issues in general and trademark protection in particular is not complete, leading to the fact that enterprises often encounter many difficulties in commercial competition, especially in foreign markets.

Trademark protection facilitates businesses to promote, circulate, protect and develop their products in domestic and international markets, while also ensuring a healthy competitive environment to promote economic growth. Intellectual property protection for trademarks contributes to encouraging investment and creating confidence for investors in their operations. Especially in the current period, trademark protection contributes to promoting the process of Vietnam's increasingly deep integration into the world economy. Trademark protection plays an important role in protecting consumer interests, allowing against the production and trade of counterfeit and fake goods, preventing consumers from being deceived.

In fact, in recent years, the number of applications for trademark protection at the Intellectual Property Office has increased significantly, which proves that the awareness of the value and role of trademarks in society has changed. However, to build a trademark that meets the business purposes of the enterprise and meets the regulations on protection conditions for trademarks is not easy. Whether or not a trademark is successfully protected, the trademark must first meet the protection conditions according to


provisions of intellectual property law. In the process of building a brand, businesses have encountered many difficulties when applying legal provisions related to the issue of conditions for a brand to be protected.

For Bac Giang province, building and protecting the province's brand is an important issue. Currently, Bac Giang province has many high-quality agricultural products but they are often sold unprocessed. Therefore, the agricultural output is large but the economic efficiency is not high. Thus, to create and maintain the reputation of exported agricultural products, we must pay attention to protecting industrial property objects. In addition, building a brand needs to be associated with improving the quality and value of products. If we do a good job of promoting and building a brand associated with developing product quality, the value of goods in general and agricultural products of Bac Giang province in particular will be able to compete domestically and internationally, affirming the reputation and quality of products in the integration process.

Faced with that reality, the author chose the topic "Protection of intellectual property rights for trademarks from the practice of Bac Giang province" to discuss the theoretical and practical issues raised.

2. Research status of the topic

Research on intellectual property rights protection for trademarks has received the attention of many domestic scientists. Up to now, many scientific research works on trademarks have been published, the research content focuses on analyzing and evaluating many different aspects of the suitability of the legal system for trademark protection in Vietnam and the actual development needs in the current period.

According to the author's assessment, from 2000 onwards there have been a number of scientific works and articles of great value and usefulness on trademarks, such as:

Ministry-level scientific topic - Ministry of Justice " Law on intellectual property - current situation and development direction in the early years of the 21st century " by Associate Professor, Dr. Le


Hong Hanh, 2000; Scientific research topic " Some theoretical and practical issues on protection of trademarks and service marks in the world and directions for improving Vietnamese law on protection of trademarks and service marks " by Dr. Nguyen Thi Que Anh, 2002; Scientific research topic at the ministerial level " Comparison of Vietnam's intellectual property law system under the TRIPs-WTO Agreement " by Tran Hong Minh, 2006.

Le Mai Thanh's doctoral thesis " Basic legal issues on trademark protection in the process of international integration ", 2006; Nguyen Thanh Tam's doctoral thesis " Industrial property rights from a commercial perspective - Theoretical and practical issues ", 2007; Nguyen Van Luat's doctoral thesis " Protection of industrial property rights for trademarks in Vietnam", 2007 ; Nguyen Xuan Quang's doctoral thesis " Handling trademark violations under Vietnamese law ", 2015; Tran Viet Hung's master's thesis " Protection of industrial property rights for trademarks through border control measures of the Customs authority ", 2012. Based on inheriting the research results from the above works referring to the general issues of intellectual property rights for trademarks, this thesis focuses on studying issues related to trademark protection from the practice of Bac Giang province.

3. Research purpose and tasks

3.1. Research purpose

Research on the specific protection of intellectual property rights for trademarks in Bac Giang province, thereby proposing a number of solutions to innovate and improve the effectiveness of intellectual property rights protection for trademarks.

3.2. Research tasks

First , clarify the theoretical and legal basis for trademark protection.

Second, analyze and clarify the legal status of trademark protection through the practice of Bac Giang province.

Third, propose solutions to improve the effectiveness of intellectual property protection for trademarks, thereby contributing to better protecting the legitimate rights and interests of


trademark subjects as well as protecting the rights and legitimate interests of consumers.

4. Research object and scope

4.1. Research subjects

The research object of the thesis is the law and practice of intellectual property protection for trademarks in Bac Giang province.

4.2. Scope of research

- In terms of content: Intellectual property rights include copyright, industrial property rights and rights to plant varieties. Although the title of the thesis is "Intellectual property rights for trademarks", because trademarks belong to the group of objects of industrial property rights, the thesis is limited to the study of the protection of industrial property rights for trademarks without covering other aspects of intellectual property rights in general. Therefore, in the following chapters of the thesis, the term industrial property rights for trademarks will be used. In addition, the thesis focuses on the specific characteristics of the protection of industrial property rights for trademarks of goods and services in Bac Giang province.

- In terms of time, the thesis researches and uses data as the results of trademark registration and handling of trademark violations in Bac Giang province from 2014 to June 2016.

5. Methodology and research methods

The research methodology of the thesis is the dialectical materialism method of Marxism-Leninism; Ho Chi Minh thought and the viewpoints on socio-economic development and international integration of the Party and State in the current period.

Besides, to complete the thesis, the research methods used are: Analysis and synthesis method; comparison method; systematization method.

6. Theoretical and practical significance of the thesis

On the basis of the legal system regulating the protection of intellectual property rights for trademarks, the thesis has theorized and analyzed to clarify the shortcomings,

Comment


Agree Privacy Policy *