View of arbitrators

Enterprises have to create barriers protect IPRs by themselves

12/12/2017 14:37

Intellectual Property Rights (IPRs) plays an increasingly important role for the economic and social development to improve the competitiveness of enterprises. However, many enterprises are still not aware of the importance of IPRs.

enterprises have to create barriers protect iprs by themselves

The guidance of distinguishing fake goods and authentic goods for exhibitors in an exhibition Photo: T.D

The above was stated by experts at the Protection and development of intellectual property in the industrial age 4.0 seminar held by Vietnam Chamber of Commerce and Industry (VCCI).

At the seminar, Mr.Nguyen Thanh Binh, Director of Center for Intellectual Property Development under the Intellectual Property Department stated that according to statistics, on average, the number of IP registration applications of enterprises increased from 7% to 15%. Although the licensing procedures were improved, actually it has not met the demand. Because, the number of Vietnamese businesses with a business registration license usually ranged from 500,000 to 600,000 enterprises per year while the number of certificates issued by the Intellectual Property Department from 2005 to present day was less than only 300,000 certificates, and this is not including that many pharmaceutical companies had between 100 to 200 trade brands, the equivalent to 200 certificates per enterprise.

For the IP registration of businesses, Mr. Tran Manh Hung, IP expert, VIAC arbitrator, and lawyer of Baker & Mckenzie Company in Vietnam, said that registration of procedures to establish the trademark with simple procedures, low cost but have not yet been paid attention by enterprises, especially for start-up businesses. This was the difference between domestic enterprises and foreign enterprises to start investing in Vietnam.

Kết quả hình ảnh cho trần mạnh hùng baker

Mr. Tran Manh Hung, IP expert, VIAC arbitrator, and lawyer of Baker & Mckenzie Company in Vietnam

On the same view, Mr. Nguyen Thanh Binh added, the Department received about 3 to 4 thousand registration applications every year. However, the number of registration applications of the Vietnamese people only accounts for about 10%, the remaining was from foreign individuals and organizations. Moreover, with the small number of Vietnamese applicants, the number of applications that were successfully registered only accounted for 10-15%, while foreign companies, the rate was 50%.

According to Mr. Binh, one of the reasons for this situation is that the description of IP registration application of Vietnamese enterprises have not incompleted and rather simply; while the applications of foreign companies are described in detail and complete, because before they were sent to the Intellectual Property Department the applications had already been sent to the Law Offices for consultation .

Sharing the difficulties of enterprises in the field of IP, Mr. Doan Thanh Hoa, representative of Karofi Company in Vietnam said that every year Karofi always improves its products twice per year. But, when these products were sent for the registry, the company had to wait up to 2 years to receive the certificate. Meanwhile, 2-3 months later, the "imitated" Karofi products were sold in the market. Therefore, the company expected that the relevant management agencies should take a measure to publicize that registration to protect the IP of the company.

For this situation, the experts said that enterprises should take the initiative to protect themselves against IPRs infringements. Enterprises should create a barrier to protect IPRs. When businesses call for help, the relevant agencies have the ability to protect and support in a timely fashion.

Typically, according to Mr. Nguyen Viet Hong, Chairman and Director General of Vina CHG, the current solution is the application of anti-counterfeit stamps with high quality for investigation of goods origin.

In addition, to enhance the effectiveness of anti-counterfeiting, Mr. Do Thanh Lam, General Secretary of the Vietnam Association for Anti-counterfeiting and Trademark Protection, said that it needs to further strengthen communication and review legal documents to amend in accordance with reality. To even sanction revoking the licensing into the law for production of counterfeit goods. There should be an IP - related stakeholder organization to evaluate violation cases on counterfeit goods and trademarks.

By Huong Diu/Ngoc Loan | CustomNews | Published on 8th December 2017

Share Post
  • Finding ways to develop central area economy 20/06/2019 14:17

    Associate professor Trần Đình Thiên, former director of the Central Institute for Economic Management and member of the consultancy team for developing the central coastal area, talks to Đầu Tư (Investment) newspaper about economic development of the area.

  • European firms seek to speed up EVFTA approval 05/06/2019 14:50

    Nicolas Audier, co-chairman of the European Chamber of Commerce in Vietnam (EuroCham), told participants at the launch ceremony of the Whitebook 2019 in Hanoi that European firms want to speed up approval of the EU-Vietnam Free Trade Agreement (EVFTA).

  • Another way to attract foreign investment 14/05/2019 11:33

    Most enterprises are not willing to increase their foreign ownership limit because when this ratio rises above 51% the companies will be treated as foreign investors. This will curtail several business areas and require companies to change investment criteria to that of foreign investor. Meanwhile, many foreign investors claim that it is very difficult to buy good stocks due to limit in foreign ownership in various companies.


  • Foreign businesses accelerate indirect investment in Vietnam 07/05/2019 10:04

    Vietnam high and steady economic growth in the past years has strongly drawn foreign capital and investment in local firms considered as the shortest way for foreign investors to enter the Vietnamese market.

  • Vietnam well-positioned to develop industrial property 07/05/2019 10:01

    Vietnam is well-positioned to develop industrial property, experts said at the Vietnam Industrial Real Estate Forum 2019 in Hanoi on April 23.


  • Vietnam mulls PPP Law with sovereign guarantees to reassure investors 19/04/2019 08:12

    A proposed new law envisages offering sovereign guarantees to attract private investment in large transport infrastructure projects.

  • Vietnamese companies urged to prepare for impacts of US-China trade spat 10/04/2019 09:50

    With trade protectionism increasing, Vietnamese companies should prepare for trade-related lawsuits and disputes but also capitalise on possible opportunities from the ongoing US-China trade war, a top trade remedy official has said.

  • Tax reform crucial for State budget sustainability 04/04/2019 10:02

    Taxes and duties are a very important source of State budget revenue and provide major finance for the Government’s socio-economic development programmes. In Việt Nam, tax revenue is starting to decline while expenditure continues to rise, threatening budget sustainability.