On September 30, 2024, Vietnam’s Ministry of Science and Technology (MOST) issued Circular No. 06/2024/TT-BKHCN (“Circular 06”), amending and supplementing certain articles of Circular No. 11/2015/TT-BKHCN dated 26 June 2015. These two circulars are the primary guidance on Decree No. 99/2013/ND-CP and Decree No. 46/2024/ND-CP on administrative sanctions in industrial property. Circular 06, which will come into force on November 15, 2024.
Some of the notable amendments of Circular 06 are set out below.
l Clarification of Additional Sanctions: Circular 06 clarifies the application of the additional sanction of “full or partial suspension of production, trading, or service activities for 1 to 3 months”, which was recently amended in Decree No. 46/2024/ND-CP. It specifies that only activities directly related to the violating goods or services will be partially suspended.
l Preventive Measures for Domain Name Disputes: Circular 06 specifies the required documents for brand owners to request the preventive security measure of placing a temporary hold on the registration of domain names during enforcement action against cybersquatters.
l Unfair Competition Relating to Domain Names: Circular 06 outlines specific requirements to prove unfair competition involving the possession and use of Vietnamese domain names that are identical or confusingly similar to another person’s registered trademark, trade name, or geographical indication.
l Exemption for Indications of IP Protection: Circular 06 provides an exemption from violations regarding the use of indications of IP protection such as the ® symbol, “protected trademark”, “P”, and “Patent” without a valid IP registration in Vietnam.
l Written Trademark License Contracts: Circular 06 requires that a written trademark license contract be in place for the use of a licensed trademark on goods or packaging. Failure to form such contract will amount to a violation of the transfer of the right to use IP under Article 6 of Decree No. 46/2024/ND-CP. Circular 06 specifies that a letter of consent, letter of authority, or similar document from the trademark owner, allowing the use of the licensed trademark, is not considered a trademark license agreement and is insufficient to avoid sanctions.
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