ACADEMY
VIETNAMESE SOCIAL SCIENCES
Academy of Social Sciences
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LE THI LOAN
REGISTERING AND USING BUSINESS NAMES ACCORDING TO CURRENT VIETNAMESE LAW
Major: Economic Law Code: 60.38.01.07
MASTER'S THESIS IN LAW
SCIENTIFIC INSTRUCTOR: DR. NGUYEN QUY TRONG
Hanoi, 2016
COMMITMENT
“I hereby certify that this is my own independent research work. The figures, examples and quotations in this thesis are guaranteed to be accurate and truthful. The contents of the thesis using reference materials are fully and accurately cited. The topic does not overlap with any other scientific research topic.
Thesis author
Le Thi Loan
ACKNOWLEDGEMENTS
First of all, I would like to express my sincere thanks to Dr. Nguyen Quy Trong - Head of Commercial Law Department - Hanoi Law University for guiding and helping me complete this thesis.
I would also like to express my gratitude to the teachers of the Academy of Social Sciences who have imparted legal science knowledge to me throughout my studies.
Finally, I would like to thank my family and colleagues for creating favorable conditions, encouraging and supporting me during the process of studying and writing this thesis.
Le Thi Loan
INDEX
INTRODUCTION 1
Chapter 1: THEORETICAL ISSUES ON REGISTRATION AND USE OF BUSINESS NAMES AND LAW ON REGISTRATION AND USE OF BUSINESS NAMES 6
1.1. Overview of business name registration and use 6
1.2. The role of registering and using business names 13
1.3. Relationship between business name and industrial property objects. 15
1.4. Registering and using business names according to the laws of some countries 23
Chapter 2: CURRENT STATUS OF LAW ON REGISTRATION AND USE OF BUSINESS NAMES IN VIETNAM 30
2.1. Regulations of Vietnamese law on registration and use of business names 30
2.2. Practical application of the law on registration and use of business names 42
Chapter 3: IMPROVING THE LAW AND IMPROVING THE EFFECTIVENESS OF THE LAW ON REGISTRATION AND USE OF BUSINESS NAMES IN VIETNAM TODAY 68
3.1. Directions for perfecting the law on registration and use of business names 68
3.2. Group of solutions to perfect legal regulations on registration and use of business names 69
3.3. Group of solutions to improve the effectiveness of law enforcement on business name registration and use 73
CONCLUSION 79
LIST OF REFERENCES 80
LIST OF ABBREVIATIONS
Vietnamese Acronyms
PLDN Business Law
PLSHTT Intellectual Property Law
PLCT Competition Law
Intellectual Property
SHCN Industrial Property
Enterprise
Competition CT
TM Trade
Business Registration Business Registration
Business Registration Business Registration
Business Registration Certificate Business Registration Certificate Insurance Certificate
WIPO World Intellectual Property Organization
INTRODUCTION
1. Urgency of the topic
Since the transition to a socialist-oriented market economy, enterprise law has had provisions on enterprise names and first appeared in the Law on Companies [28] and the Law on Private Enterprises [29]. The provisions on enterprise names under these laws have developed and gradually met the requirements of business freedom, creating favorable conditions for enterprise founders in choosing enterprise names.
The Enterprise Law [32] and subsequent implementing documents have marked an institutional breakthrough, creating a transparent business environment, making it easier for enterprises to establish and freely expand their business activities, reflecting the spirit of the Constitution [26] on the freedom of business of citizens and enterprises. Specific and relatively appropriate regulations have created conditions for domestic enterprises to establish, promote internal strength, exploit existing potential and create a favorable legal environment to attract foreign investment.
According to current law, the procedure for registering an enterprise is still one of the basic administrative procedures for an enterprise to officially enter the market and be recognized by the State. In the process of registering an enterprise, choosing and registering an enterprise name is a mandatory procedure and must comply with the provisions of the Enterprise Law and its implementing documents. The enterprise name plays a very important role and is a mandatory content recorded in the Business Registration Certificate (now called the Business Registration Certificate).
Although the current legal system has made significant improvements in administrative procedure reform, especially clearer regulations on business name registration, in accordance with the business law of the international community. However, Vietnam is in the process of deep integration into the world economy, competition between enterprises is becoming increasingly fierce,
The use of enterprise names in business activities of enterprises has not stopped at the scope of regulation of the Enterprise Law but has expanded to the scope of regulation of the Intellectual Property Law [27] and the Law on Enterprises [30]. In practice, there have been many disputes over intellectual property rights related to the registration and use of enterprise names of enterprises established under the provisions of the Enterprise Law, thus requiring a unified management policy on registration and use of enterprise names, ensuring harmony between the Intellectual Property Law, the Enterprise Law, the Law on Enterprises and the guiding documents for implementation.
For the above reasons, the author decided to choose the topic "Registering and using business names according to current Vietnamese law" to research and analyze the legal nature and practical basis to perfect the law and improve the effectiveness of law enforcement on registration and use of business names in Vietnam today.
2. Research status of the topic
Up to now, there have been a number of scientific works, articles or discussions published in monographs, specialized scientific journals or scientific forums mentioning the name of enterprises at different levels and scopes, specifically:
- MSc. Tran Thi Phuong Hanh (2006), Some opinions on business names, Journal of Legal Science [18].
- Th.s Nguyen Thi Thu Thuy (2015), Business names and business name protection, Democracy and Law Magazine, No. 8(281) [22].
- Nguyen Thanh Van Hang (2012), Conditions for protection of trade names under Vietnamese law , Graduation thesis in Law, Hanoi Law University [19].
- Tran Thi Thu Trang (2014), The right to freely establish an enterprise under the Enterprise Law, Master's thesis in Law, University of Law
Hanoi [23].
- Vu Thi Thuy Dung (2015), Registering to establish an enterprise under the Enterprise Law, Master's thesis in Law, Hanoi Law University [17].
The above research works only stop at the content of research on legal regulations on registration and use of enterprise names according to the provisions of the Enterprise Law [31], [32] and documents guiding implementation; the relationship between enterprise names and trademarks, trade names according to the provisions of the Enterprise Law and the Intellectual Property Law, there is no research on the practical application of the law, difficulties, problems and comments and assessments on the registration and use of enterprise names today.
The topic will approach the research on registration and use of enterprise names from the perspective of in-depth analysis, comparison and finding out the inappropriate points in the provisions of the Enterprise Law [32], the Intellectual Property Law and the Law on Investment and the guiding documents for implementation, thereby proposing solutions to improve the effectiveness of law enforcement on registration and use of enterprise names in Vietnam today. This is also the new approach of this Thesis.
3. Research purpose and tasks
3.1. Research purpose
The purpose of the study is to clarify the legal nature of registration and use of business names in theory and practice.
3.2. Research tasks
- Research and analyze theoretical basis for registration and use of enterprise names according to the provisions of the Enterprise Law and implementing guidelines.;
- Research legal relationships on registration and use of business names according to the provisions of the Enterprise Law, Intellectual Property Law, Trademark Law and implementing documents.
- Analyze the practice of registering and using business names and handling acts of using business names that infringe upon intellectual property rights; Clarify theoretically and practically the problems, internal contradictions and objective conditions affecting the business name.