TRADEMARK DISPUTE SETTLEMENT IN VIETNAMESE LAW AND REFERRING TO THE EUROPEAN UNION LAW (luận văn thạc sỹ luật)

HO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL PROGRAMS    - BACHELOR THESIS MAJOR OF INTERNATIONAL LAW TRADEMARK DISPUTE SETTLEMENT IN VIETNAMESE LAW AND REFERRING TO THE EUROPEAN UNION LAW Student Student Code Class Guidance Teacher HO CHI MINH CITY 2013 Ngo Thanh Hai 0955010063 CLC 34 Dr Phan Ngoc Tam HO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL PROGRAMS  - BACHELOR THESIS REGULAR TRAINING COURSE 34 (2009 - 2013) TRADEMARK DISPUTE SETTLEMENT IN VIETNAMESE LAW AND REFERRING TO THE EUROPEAN UNION LAW Student Student Code Class Guidance Teacher HO CHI MINH CITY 2013 Ngo Thanh Hai 0955010063 CLC 34 Dr Phan Ngoc Tam I hereby affirm that this thesis is my own study under the supervisor’s guidance All of the information other than my idea to be used or quoted has been acknowledged by means of complete references I would bear full responsibility for my protest HCMC, 16 July 2013 Ngo Thanh Hai LIST OF ABBREVIATIONS IP Law Intellectual Property Law 2005 CP Code Civil Procedure Code 2004 CA Law Commercial Arbitration Law 2010 Joint Circular 02 Joint Circular No 02/2008/TTLT-TANDT-VKSNDTCBVHTT&DL-BKH&CN-BTP TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights BTA Agreement between the United States of America and the socialist republic of Vietnam on trade relations NOIP National Office of Intellectual Property of Vietnam WIPO center WIPO Arbitration and Mediation Center EU European Union ECJ European Union Court of Justice CTM Community Trademark IPR Intellectual property rights IP Industrial property TABLE OF CONTENTS INTRODUCTION CHAPTER GENERAL THEORY OF TRADEMARK DISPUTE SETTLEMENT 1.1 Overview of trademark 1.1.1 The concept of trademark 1.1.1.1 Trademark in international legislation 1.1.1.2 Trademark in Vietnamese Law 1.1.2 The functions of trademark 1.1.3 Trademark protection 12 1.2 Trademark dispute settlement 13 1.2.1 The concept of ―trademark dispute‖ 13 1.2.2 Features of a trademark dispute 14 1.2.3 Subject and object of a trademark dispute 15 1.2.4 Classification of trademark disputes 16 1.2.5 The distinction between the trademark dispute and the trademark infringement 21 1.2.6 Mechanism of trademark dispute settlement 23 1.2.6.1 Trademark dispute settlement via way of negotiation and mediation 24 1.2.6.2 Trademark dispute settlement via way of jurisdiction 25 1.3 SUB-CONCLUSION 27 CHAPTER VIETNAMESE LAW ON TRADEMARK DISPUTE SETTLEMENT – SHORTCOMINGS AND REMEDIES 29 2.1 Mechanism of trademark dispute settlement in Vietnam 29 2.1.1 General provisions of trademark dispute settlement in Vietnamese law 29 2.1.2 Dispute settlement via way of negotiation, mediation 31 2.1.2.1 Negotiation 31 2.1.2.2 Mediation 32 2.1.3 Dispute settlement via way of jurisdiction 36 2.1.3.1 Dispute settlement in the People‘s Courts 36 2.1.3.2 Dispute settlement in the arbitration 44 2.1.4 Situation on trademark dispute settlement in Vietnam 47 2.1.4.1 Statistics on trademark dispute in Vietnam 47 2.1.4.2 Some typical cases 50 2.2 Mechanism of trademark dispute settlement in the European Union 58 2.2.1 General provisions of European Union Law on trademark dispute settlement 58 2.2.2 Office for Harmonization in the Internal Market (OHIM) 60 2.2.2 Community Trademark Court (CTMC) 62 2.2.3 European Union Court of Justice (ECJ) 63 2.3 Recommendations proposed for improving the law of trademark dispute settlement - based on studying experiences of EU law 64 2.3.1 Complete the law of content of the intellectual property law and civil procedure law on settling trademark dispute 64 2.3.2 Complete the law of organization the competent authority on settling trademark dispute 68 2.3.2.1 Enhance the dispute settlement role of National Office of Intellectual Property of Vietnam (NOIP) 68 2.3.2.2 Establish specialized court for intellectual property 70 2.4 SUB-CONCLUSION 72 CONCLUSION 73 BIBLIOGRAPHY INTRODUCTION The necessity of the thesis Today, the concept of trademark has not become estranged and was familiar with the manufacturer, as well as to consumers In the market economy, trademark not only keep its original function as a mark to distinguish the goods and services with each other, it is also an important tool for manufacturers could account market and enhance its reputation with consumers through advertising and marketing strategy According to the world's largest brand equity database BrandZ1, the famous brands globally are priced not less than billions of dollars and continue to grow each year, such as in 2012: Coca-cola is priced of US$ 77.8 billion, Apple is 76.6 billion, IBM - 75.5 billion, Google - 69.7 billion2 Because of these tremendous value, the act of trademark disputes increasingly occurs more severe and sophisticated With the act of participating in international treaties for the protection of intellectual property rights, be an official member of the WTO in 2007 - means that Vietnam must comply with the Agreement on the relevant aspects of the right to trade intellectual Property (TRIPs) - requires building a system of intellectual property lawfully and reasonably Therefore, the Intellectual Property Law and a series of guidance legal documents have been issued to create a legal framework safely, encourage creating and protecting its creative outcomes However, the provisions of law which applied in practice are still inadequate and overlap in defining the jurisdiction of trademark dispute settlement, dispute resolution process, the confusion in the regulation of trademark dispute with the infringing right of trademark owner Moreover, these provisions are still scattered lead to the act of applying ineffectively Whereas in developed countries such as the European Union, the trademark dispute settlement system which was specified with specialized agencies and was highly efficient are http://www.wpp.com/wpp/marketing/brandz/what-is-brandz/ (Last visited on 17/06/2013) BrandZ Top 100, 2013 See more at: http://www.wpp.com/wpp/marketing/brandz/brandz-reports/ (Last visited on 17/06/2013) 2 lessons for Vietnam to acquire and complete the dispute resolution mechanism of intellectual property in general and particularly in trademark For these reasons, the author decides to choose the topic: ―TRADEMARK DISPUTE SETTLEMENT IN VIETNAMESE LAW AND REFERRING TO THE EUROPEAN UNION LAW‖ The purpose of the thesis The thesis will concentrate on the research of trademark dispute settlement mechanism under civil procedure: negotiation, mediation and civil jurisdiction In addition, the thesis will continue referring the settlement mechanism of the European Union (EU) through understanding its dispute settlement measures Finally, based on the experiences of EU law and some countries, the thesis will propose recommendations for improving the legal proceedings and organizational structure to resolve effectively trademark disputes Research situations The subject of trademark is no longer new with many documents, articles and research works However, most of articles have just gone to deeply research on general trademark protection, well-known mark, completing issues of in IP law There are a number of research projects on trademark dispute, but most were written for a long time and before the intellectual property law was issued, so the value are not high It can be considered as the bachelor‘s thesis in 2001 of the author Nguyen Thuy Hang, "Dispute settlement on trademark and industrial design under international law and the Vietnamese law"; "Enforcement of rights of intellectual property by civil remedies in Vietnam, the situation and solutions" by Nguyen Hoang An, bachelor‘s thesis, 2005; ―Some problems of intellectual property disputes settlement in civil proceedings‖ by Nguyen Nhu Quynh (Published in Journal of Law, 2005) Recently, some research has great value and close to the content of the author‘s thesis, such as:  U Thi Bach Yen (2006), ―Law on protection of intellectual property right – Practical application in Ho Chi Minh courts‖, master‘s thesis The thesis concentrated on analyzing the role of civil courts in intellectual property dispute settlement, illustrated by real cases and situations in Ho Chi Minh City courts From that, the thesis also indicated some solutions based on the experiences of some countries in the world  Nguyen Van Tien (2010), "Practices on intellectual property disputes settlement at the People's Court" The study indicated some limitations, shortcomings and difficulties in the settlement of disputes over intellectual property rights in Vietnam From that, the study also presented some amended recommendations  Phan Ngoc Tam (2011), "Protection on well-known trademarks - a comparative study between European Union law and Vietnamese law" The thesis clarified logically the regulations of the European Union law on protection trademark and well-known trademark, relating to international laws and some of the countries in the world, and especially focused on the improvement of Vietnamese legal system on well-known trademark protection  Nguyen Thi Thuong (2012), "Trademark dispute settlement under Vietnamese law – situation and resolution‖, bachelor thesis The thesis made quite clear the concept of trademark disputes, clarified trademark disputes and analyzed real situations together with considerable solutions However, the thesis did not distinguish clearly the trademark disputes the trademark infringement the owner‘s rights The scope of the research In the thesis, the author mainly focus on researching, evaluating of trademark dispute settlement under the laws on civil procedures of Vietnam In addition, the author would like to make an overview the provisions of European Union law on community trademark disputes settlement, as well as studying some cases in Vietnam and in EU Methodology 69 function of NOIP is conducting examination, registration procedures for trademark However, there are still significant trademark disputes occur in this process like disputes over the right to file a trademark application, disputes over the priority right for the trademark application…It should be better if the trademark dispute settlement is also considered as the function of NOIP Because, NOIP is the agency which has the jurisdiction to exam and grand the protection title of trademark So NOIP has essential information to resolve the dispute which relate to the establishing the right of the trademark owner In EU, OHIM is not only considered as the trademark registered agency but it is also a competent authority to settle the trademark dispute Accordingly, if any party opposes a registered CTM, he can make an opposition to the Opposition or Cancellation Divisions These divisions based on the evidences of disputing parties to examine, make oral proceedings and make a decision That decision can be appealed to the BoA, also belong to OHIM If the disputing parties disagree with the decision of BoA, they might appeal to the Court of First Instance and then, finally to ECJ So, in the author‘s opinion, IP Law should supplement the function of settling trademark dispute for NOIP Although there is provision which regulates the role of NOIP that it has the right to consider the opinion of the third-party in the Article 113 IP law This Article is guided specifically by the section of the Circular 01/2007/TTBKHCN However, this provision like mentioned, should modify the section 6.4 and prolong for notifying to NOIP on the act of filing court litigation Besides, the provisions of proceedings of this process are still vague and difficult to apply Therefore, those should be modified like follows: - Section 6.4 should supplement other objects which were referred in the section 6.1 It can be like that, ―In cases where the opinion of a third party relating to registration rights, priority, the protection conditions and other matters related to the application of industrial property as stipulated in Article 112 of the Law on Intellectual Property, if they are deemed unable to determine the opinion of a third person is unfounded or not, 70 the Intellectual Property Department to notify a third party application for court settlement” - The time of notification for NOIP should be prolonged 02-03 months is more reasonable - Based on the experience of the IPO of the UK211, Vietnamese law should consider NOIP also as a Mediation Service In the UK, the IPO mediation service can resolve disputes about infringement of an IP right; disputes about IP licensing; trade mark opposition and invalidation proceedings on relative grounds212 So, Vietnamese laws should regulate clearly which kind of trademark dispute that NOIP has the jurisdiction to handle Besides, the decisions, the oral meetings and the form of making agreement between disputing parties need to be regulated clearer 2.3.2.2 Establish specialized court for intellectual property Under the statistics above, from the IP Law takes effect (1-7-2006) until now, the number of disputes about intellectual property which the civil court brought to trial only a few hundred cases, while the customs force, management market, the police have handled thousands of cases of infringement One of the first reasons is because time for resolving in court usually last long Besides, the legislation on the protection of IPRs is relatively new in Vietnam, while some judges have not experienced Furthermore, the court must wait for expertise results or conclusions of the professional body authorized to resolve the case In addition, the provisions of the petitioner, the proceedings are complex Not to mention, building damage difficult to determine infringement of IPRs cause, leading to difficult to determine the level of compensation To resolve these problems, many experts have proposed to establish specialized courts in this field Mr Peter N Fowler (Director of the Patent and trademark United States USPTO) commented that because of the cases related to IPRs unlike the usual case, it 211 212 http://www.ipo.gov.uk/ipenforce/ipenforce-dispute.htm (Last visited on 03/07/2013) http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterpub/t-oppose.htm (Last visited on 03/07/2013) 71 needs to be specialized in system courts and judges are not experts in the field Once Vietnam is building this type of specialized court would guarantee the rights of owners and attract foreign investment when they feel more confident about the legal framework213 Besides, specialized court of intellectual property was established in many countries in the world such as the U.S, Japan, Korea, Thailand214… In EU, under the Directive 2008/95/EC and the Council Regulation (EC) No 207/2009, each Member State shall designate in their territories as limited a number as possible of national courts and tribunals of first and second instance, called CTMC to resolve the CTM dispute settlement215 CTMC has proved its superiority in resolving disputes in a timely manner Besides, procedures like provisional urgent measures, court mediation process shall be conducted quickly and the claim for damages is handled effectively with a team of expertise judges in IP law In globalization and international economic integration, with the participation of international treaties, the laws of each country is gradually closer together, the differences are gradually replaced by the similarities In particular, in terms of judicial reform in Vietnam, the improvement of the organizational structure in which the establishment of specialized courts is inevitable According to the Resolution 49/NQTW dated 02/06/2005 of Ministry of Politic of "Judicial Reform Strategy to 2020", in which Vietnam have had the policy to establish regional trial court, appellate court, supreme court and a number of specialized courts Therefore, in the author‘s opinion, establishing specialized court of intellectual property is essential and urgent at this stage Accordingly, Vietnam should pilot to establish specialized courts for intellectual property in Hanoi, Ho Chi Minh, Da Nang, where the number of disputes over intellectual property usually highest In addition, to address the shortage of qualified judges specialized in intellectual property, it should 213 http://phapluattp.vn/20120604113726168p0c1063/co-nen-lap-toa-so-huu-tri-tue.htm (Last visited on 03/07/2013) 214 Judicial Science Monograph, No 698-2009 / CSB/02-2037/TP SPC, p.51 215 Article 95 Council Regulation (EC) No 207/2009 72 establish specialized intellectual property courts at the Provincial People‘s Court first Then, the decision may be appealed to intellectual property appellate court at the Supreme People's Court However, other provincial areas also need positively training expertise judges in intellectual property, as well as prepare the infrastructure needed to expand this model across our country 2.4 SUB-CONCLUSION It can be seen that, Vietnamese laws have been regulated quite detailed on the mechanism of settling a trademark dispute Negotiation and mediation are the efficient alternative dispute resolutions and be applied in many global countries (USA, UK) and international organization such as EU, WIPO However, the court litigation is still the best measure to resolve effectively problems of a trademark dispute Besides, the international arbitration center and domestic arbitration one, though the application presently has not considered properly, they are also the alternative measure to settle trademark disputes However, it still exist shortcomings in the provisions of these measures Besides, the dispute in practice increases constantly and more complicated While the NOIP and civil court is the authorities which are the main dispute settlement mechanism in the world such as EU or WIPO, they are not considered properly in Vietnam Therefore, the modification and supplementing the Vietnamese provisions and strengthen the dispute settlement for the civil court by establishing specialized IP courts are the essential activities needed to conduct immediately 73 CONCLUSION One of the main purposes of the thesis is to find the reasonable way to enhance the legal system of trademark dispute settlement mechanism in Vietnam In order to so, apart from a general theoretical exploration and investigation of the legal framework of trademark dispute, it also requires a complete evaluation of the current situation of the Vietnamese legal system Under my researching results, it can be seen that the Vietnamese legal system has had significant legislative and enforcement success in the area of trademark dispute resolution This is proved by the statistic of trademark dispute cases which are settled in civil courts and the decisions in granting trademark protection title in recent year However, it cannot be denied that these provisions need to be considered carefully for appropriating with the present disputes situation Based upon the results of researching trademark dispute settlement mechanism under civil procedure, the author has made suggestions for improvement of the Vietnamese legal system for trademark dispute settlement Those solutions concentrate on different aspects of the issues in question including legislative, judicial activities as well as multi-dimensional impacts on society Accordingly, there are two most important measures at present are, amend and supplement the provisions of trademark dispute in IP Law and the resolution measures in CP Code and CA Law as well as improve the organization structure of dispute settlement mechanism by increasing the NOIP‘s roles and establishing professional courts with competence over intellectual property cases In time of globalization and since the IP Law came to effect, the provisions of trademark on registering, protecting and settling the trademark dispute are more and more efficient These provisions are suitable with the international regulations such as the concept of trademark in IP law, the classification of trademark dispute and measures for settle a trademark dispute Those met the TRIPs and other international treaties Besides, the measures which mentioned are also regulated consistently with 74 the international provisions Under the thesis, a trademark dispute might be settled by the negotiation, mediation or jurisdiction measures such as court litigation and arbitration Mediation and negotiation are considered as efficient alternative dispute resolutions which regulated in WIPO, the US or EU countries Civil courts are the best measure for solving trademark disputes in global countries In Vietnam, civil procedure is still considered important measure to solve the dispute However, the Vietnamese provisions of the procedure content and organization of civil courts still exist shortcomings need to complete by resolution mentioned above Besides, globalization also creates new and complicated challenges In that context, the settlement measure of trademark dispute in particular needs to be re-considered and harmonized Like the challenges above, there is the gap between the Vietnamese legal system and other legal system, specifically the European Union legal system is noticeable However, via this thesis, the author expects to introduce the trademark dispute settlement and provisions of EU laws – one of the developed legal systems in trademark Ever after, Vietnamese legal system could study from the experiences in situation of Community Trademark dispute resolution In summary, the dispute resolution measure for settling trademarks is a complicated in modern trademark law Due to the delimitations of the thesis the author has focused mainly on provisions of national laws and referred to the European Union legal systems However, the author strongly believes that an understanding of the topic can be studied on a larger scale, such as in respect of comparisons with the US legal system or with those of other Asian countries Because of the timing and level of research are limited, the thesis shall have inevitably mistakes Therefore, the author expects to look forward to receiving comments of teachers and students in order to complete the topic BIBLIOGRAPHY I NATIONAL LAWS AND OTHER DOCUMENTS Vietnamese Intellectual Property Law 2005 Civil Code 2005 Civil Procedure Code 2004 Commercial Arbitration Law 2010 Decree No 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the law on intellectual property on protection of intellectual property rights and on state management of intellectual property Joint Circular No 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL- BKH&CN-BTP of April 3, 2008, guiding the application of a number of legal provisions to the settlement of disputes over intellectual property rights at people‘s courts Circular No 01/2007/TT-BKHCN of February 14, 2007, Guiding the implementation of the Government‘s Decree No 103/2006/ND-CP of September 22, 2006, Detailing and Guiding the Implementation of a Number of Articles of the Law on Intellectual Property Regarding Industrial Property Treaties Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 15 April 1994 Paris Convention for the Protection of Industrial Property, March 20, 1883 10 Agreement between the United States of America and the socialist republic of Vietnam on trade relations (Bilateral Trade Agreement in July 2000) European Union 11 First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks 12 Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark 13 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (amended Regulation No 40/94) 14 Directive 2008/95/EC of the European parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (replaced Directive 89/104/EEC) The United States 15 Langham Act China 16 Trademark Law 1982 (amended 2001) II BOOKS Vietnamese 17 Dr Le Trung Dao, Syllabus of Protection of intellectual property right, Financial and Customs College, Ministry of Finance 18 Le Net, ―Intellectual Property Rights‖, lecture material, Ho Chi Minh City National University, 2005 19 Syllabus of Intellectual Property Law, HCMC University of Law, published in Hong Duc, 2012 20 LLM Pham Anh Tuan (ed.), Ph.D Vu Trong Hach, LLM Phung Van Hien, ―State management of intellectual property‖, scientific and technical published English 21 ―Practical Skills – Basics of Intellectual Property Law‖, co-sponsored by the Intellectual Property Law Section and The Committee on Continuing Legal Education of The New York State Bar Association, 2008 22 Black‘s Law Dictionary, Second pocket edition, 2001 23 Guy Tritton, ―Intellectual Property in Europe‖, 2002, London sweet & Maxwell 24 LTC Harms, ―The enforcement of intellectual property right: A case book‖, WIPO, 2005, 25 Jeremy Phillips, ―Trademark law a practical anatomy‖, Oxford 26 Kamil Idris, ―Intellectual Property, a powerful tool for economic development‖, WIPO 27 Kenneth L Port, ―Trademark Law and Policy‖, Carolina Academic Press 28 Foskett & David, ―The law and Practice of Compromise‖, Sweet & Maxwell, London, 1989 29 Oxford Advanced Learner‘s Dictionary 30 Shahid Alikhan, ―Economic-society benefits of intellectual property protection in developing countries‖, WIPO 31 David L.Bainbridge, ―Intellectual Property‖, sixth edition III JOURNALS Vietnamese 32 Dao Minh Duc, ―Some issues about trademarks evaluation‖ 33 Judicial Science Monograph, No 698-2009 / CSB/02-2037/TP SPC 34 Nguyen Hoan Thanh , the article ―Intellectual property disputes settlement via way of arbitration or mediation‖ 35 Nguyen Nhu Quynh, ―Some problems of intellectual property disputes settlement in civil proceedings‖, published in Journal of Law, special issues of the Civil Procedure Act 2005 36 Le Net, ―Mediation in civil proceedings - from an economic perspective‖, Jurisprudence magazine 37 Journal of Democracy and law (208), July 2009 38 Ngo Tuan Nghia, ―Enabling the harmonization in the interest relationship of intellectual property during the time of international integration in Vietnam‖ 39 Nguyen Van Tien, ―Practical of intellectual property dispute settlement in People‘s Court‖ 40 Phan Ngoc Tam (2/2012), ―Compare the policy of domain name dispute resolution in some ASEAN countries and Vietnam experience‖, Jurisprudence magazine English 41 Kenneth L.Port, ―Trademark law and policy‖, Carolina academic press 42 Cathy Jewell (04/2009), “Trademarks: Valuable assets in a changing world‖, WIPO magazine, WIPO 43 Paul B Birden, ―Trademark Protection in China: Trends and Directions‖ 44 Eun-Joo MIN, ‗‗Arbitration, Mediation and Expert Determination - Time- & Cost - Efficient Dispute Resolution Tools‘‘, Arbitration and Mediation Center, WIPO 45 WIPO Publication No 779E, ―Dispute Resolution for the 21st Century‖, Arbitration and Mediation Center, WIPO 46 Concept House Cardiff Road Newport NP10 8QQ, ―Mediation of Intellectual Property Disputes and IPO Mediation Service‖, published on March 2013 47 Les Nouvelles, ―Arbitration And Mediation In The United States‖, Journal of the Licensing Executives Society International, Vol.XLII, No.1, March 2007 48 Kim J Landsman, Daniel C Glazer, and Irene C Treloar, ―Standing and joinder considerations in trademark litigation and licenses‖, The Law Journal of the International Trademark Association 49 ―25 years building and developing (1982 -2007)‖, NOIP 50 ―Intellectual Property Activities – Annual Report 2011‖, NOIP 51 Tomas Norström, ―Community Trade Courts in Sweden and proceedings before the Courts‖ working session IV THESIS 52 Phan Ngoc Tam (2011), "Protection on well-known trademarks - a comparative study between European Union law and Vietnamese law", dissertation 53 Nguyen Thi Thuong, 2012, bachelor‘s thesis ―trademark dispute settlement under Vietnamese law – situation and resolution‖ 54 U Thi Bach Yen (2006), ―Law on protection of intellectual property right – Practical application in Ho Chi Minh courts‖, master‘s thesis 55 Duong Dinh Cong, ―Enforcement of intellectual property right under the law of Vietnam and some countries in Southeast Asia", master‘ thesis (2011) 56 Ngo The Lap (2009), ―Resolving commercial dispute by negotiation‖, Bachelor’s thesis, Hanoi University of Law V WEBSITES 57 http://www.wpp.com/wpp/marketing/brandz/what-is-brandz/ (Last visited on 17/062013) 58 http://www.wpp.com/wpp/marketing/brandz/brandz-reports/ (Last visited on 17/06/2013) 59 http://www.wipo.int/wipo_magazine/en/2005/02/article_0003.html (last visit on 21/06/ 2013) 60 http://www.wipo.int/trademarks/en/ (last visited on 13/06/ 2013) 61 Dao Minh Duc wrote that Law No.13/57 dated 01/08/1957 in Southern of Vietnam rules "production mark " refers to the product or the agricultural industry and "brand" for the trade goods See more at:http://luatsohuutritue.net/mot-so-van-de-ve-dinh-gia-nhan-hieu/ (Last visited on 13/06/2013) 62 http://www.uspto.gov/trademarks/soundmarks/index.jsp (last visited on visited on 20/06/2013) 63 http://thongtinphapluatdansu.edu.vn/2010/05/12/5062/ (last 15/06/2013) 64 http://pinoy-business.com/intellectual-property/trademarks-and-trademark-lawfunctions-of-trademark(Last visited on 15/06/2013) 65 http://thongtinphapluat.vn/vi/news/Phap-luat-dan-su/Vai-tro-cua-thuong-hieudoi-voi-doanh-nghiep-1508/ (Last visited on 20/06/2013) 66 http://nhuongquyen.org/tin-tuc/981_1158/Thuc-trang-mua-ban-thuong-hieu-taiViet-Nam-duong-quang-hay-bui-ram.htm.htm (Last visited on 17/06/2013) 67 http://www.dna.com.vn/vi/thuat-ngu-thuong-hieu/s/brand:-thuong-hieu/ ( Last visited on 19/06/2013) 68 http://www.vnnic.vn/tranhchaptenmien/thongke/tranh-ch%E1%BA%A5pli%C3%AAn-quan-%C4%91%E1%BA%BFn-t%C3%AAn-mi%E1%BB%81nhonghagascom (Last visited on 30/06/2013) 69 http://www.mediate.com/articles/mediationfaq.cfm ( Last visited on 12/06/2013) 70 Bach Thi Le Thoa, ―Dispute settlement by the arbitration and the supporting mechanism of the court‖, available at: http://thongtinphapluatdansu.edu.vn/2009/08/11/3590/ (Last visited on 20/06/2013) 71 http://thongtinphapluatdansu.edu.vn/2009/08/11/3590/ (Last visited on 20/06/2013) 72 http://www.wipo.int/amc/en/index.html (Last visited on 26/06/2013) 73 http://www.wipo.int/amc/en/center/advantages.html (Last visited on 26/06/2013) 74 http://www.wipo.int/amc/en/center/wipo-adr.html (Last visited on 26/06/2013) 75 http://www.wipo.int/wipo_magazine/en/2009/03/article_0008.html ( Last visited on 26/06/2013) 76 http://www.wipo.int/amc/en/center/caseload.html ( Last visited on 25/06/2013) 77 http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterpub/t-oppose.htm ( Last visited on 28/06/2013) 78 www.dddn.com.vn 79 WIPO, ―Trademarks Opposition Proceedings in the United States‖, p.4 See more at: http://www.uspto.gov/trademarks/basics/next.jsp ( Last visited on 23/06/2013) 80 http://www.wipo.int/amc/en/arbitration/expedited-rules/compared.html (Last visited on 25/06/2013) 81 http://www.vnnic.vn/tranhchaptenmien/thongke/t%E1%BA%ADp%C4%91o%C3%A0n-accor-v%C3%A0-tranh-ch%E1%BA%A5phalongnovotelcom (Last visited on 06/07/2013) 82 http://luatdongtay.com/tuvanluat/tu-van-luat/hien-nay-o-viet-nam-co-cac-trungtam-trong-tai-nao/686.html (Last visited on 01/07/2013) 83 http://thanhtra.most.gov.vn/vi/cac-bai-nghien-cuu-shtt/xay-d-ng-ch-ng-trinhhanh-d-ng-qu-c-gia-nang-cao-nang-l-c-h-th-ng-c-quan-th-c-thi-quy-n-s-h-u-tritu (Last visited on 14/06/2013) 84 http://tchdkh.org.vn/epaper/view.php?year=2008&no=9&page=27 (Last visited on 14/06/2013) 85 http://business.highbeam.com/436067/article-1G1-90870476/trung-nguyenbrews-end-trademark-dispute 86 http://tchdkh.org.vn/epaper/view.php?year=2011&no=6&page=24 (Last visited on 07/07/2013) 87 http://phapluattp.vn/20100913122350595p1063c1016/tranh-chap-nh227n-hieub225nh-tr225ng.htm (Last visited on 16/06/2013) and http://phapluattp.vn/20100928112410858p1063c1064/vu-tranh-chap-nh227nhieu-b225nh-tr225ng-hai-b234n-h242a-giai-th224nh-tai-phi234n-ph250ctham.htm (Last visited on 16/06/2013) 88 http://www.vnnic.vn/tranhchaptenmien/thongke/tranh-ch%E1%BA%A5pli%C3%AAn-quan-%C4%91%E1%BA%BFn-t%C3%AAn-mi%E1%BB%81nhonghagascom (Last visited on 23/06/2013) 89 http://europa.eu/about-eu/index_en.htm Croatia is the newest member of EU ( Last visited on 26/06/2013) 90 http://oami.europa.eu/ows/rw/pages/OHIM/institutional/institutional.en.do (Last visited on 11/06/2013) 91 http://curia.europa.eu/juris/liste.jsf?language=en&num=C-621/11 (Last visited on 11/06/2013) 92 http://europa.eu/about-eu/institutions-bodies/court-justice/ (Last visited on visited on 02/07/2013) 93 http://www.ipo.gov.uk/ipenforce/ipenforce-dispute.htm (Last 03/07/2013) 94 http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterpub/t-oppose.htm (Last visited on 03/07/2013) 95 http://phapluattp.vn/20120604113726168p0c1063/co-nen-lap-toa-so-huu-tritue.htm (Last visited on 03/07/2013) ... aim to define who is the proprietor of the trademark occur in trademark disputes while in the trademark infringement, one side has the proof to request the competent agency handling the infringement... of intellectual property in general and particularly in trademark For these reasons, the author decides to choose the topic: ? ?TRADEMARK DISPUTE SETTLEMENT IN VIETNAMESE LAW AND REFERRING TO THE. .. which is disputed by the other”66 Until now, there has been a mistake between the trademark dispute and the trademark infringement This misunderstanding entail into the act of choosing the inconsistent