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MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY NGUYỄN THANH TÙNG TRANSFER THE RIGHT TO USE THE TRADEMARK UNDER THE LAW OF VIETNAM Major: Civil Law and Civil Procedure Code: 38 01 03 LAW DOCTORAL THESIS SUMMARY HANOI, 2023 This work was completed at: HANOI LAW UNIVERSITY Scientific instructors: Ass.Prof Dr Nguyen Thị Que Anh Dr Vuong Thanh Thuy Refferee 1:…………………………………………………… Refferee 2:…………………………………………………… Refferee 3:…………………………………………………… The thesis is defended in front of the doctoral thesis grading committee at the university level, meeting at Hanoi Law University at: ………… date …… month …… year………… The thesis can be found at: National Library Library of Hanoi Law University HEADING The necessity of studying the topic In the context of increasing infringement of intellectual property rights, there has been an urgent requirement to both protect trademarks from being infringed and to expand the market to use products and services to increase sales collect and especially promote the brand widely to consumers Therefore, one solution used by trademark owners is to transfer the right to use the trademark to businesses they trust through a trademark licensing contract (also known as a trademark license agreement) trademark licensing agreement), but this activity still has many shortcomings and limitations The reason for the limitations and inadequacies in trademark licensing activities is that the theoretical issues on trademark licensing have not been developed, analyzed and clarified In addition, a number of legal provisions on the form and content of the contract for licensing the right to use trademarks also have many shortcomings and limitations The practice of applying the law on trademark licensing throughout the country has arisen a number of problems that need to be resolved In addition, the legal science of our country has many researches on intellectual property rights in general and industrial property rights in particular, but there is no research on it in a specific and comprehensive way, deeply on the transfer of the right to use the trademark On the basis of the above analysis and with the desire to learn and study the provisions of Vietnamese law in the field of trademark licensing, the author chooses to carry out the topic "Transfer the right to use the trademarks under the law of Vietnamese.” Research purpose and tasks Through the building of theoretical models as well as comprehensive and systematic analysis and evaluation of the theoretical basis for trademark licensing and trademark licensing contracts, to assess the current state of both the law and the practice of implementing Vietnamese law in comparison with the laws of some countries in the world on the transfer of the right to use the mark through the contract of licensing the right to use the mark, thereby The author proposes a solution to perfect the law and improve the efficiency of the implementation of the law on the transfer of trademark use rights through the contract of licensing the right to use the mark in Vietnam On the basis of the research purpose, the thesis defines the basic research tasks as follows: - Clarifying the concepts and characteristics of the mark, the right to use the mark, the industrial property rights to the mark and especially the transfer of the right to use the mark - Clarifying the concepts, characteristics and roles of trademark licensing contracts as well as classification of trademark licensing contracts - Distinguish between a trademark licensing contract and a trademark assignment contract; distinguish the contract for licensing the right to use the mark from the contract for the assignment of a trade name; Distinguish between a trademark licensing contract and a franchise agreement - Assess the current legal status and practice of Vietnam's law on licensing of trademark use rights by trademark licensing contracts, and point out the basic causes that give rise to a number of issues limitations and inadequacies in practical implementation - Develop directions and propose specific, highly feasible solutions that contribute to perfecting the law on trademark licensing and improving the effectiveness of the implementation of the law on trademark licensing contract of licensing the right to use the mark in Vietnam Object and scope of research 3.1 Research object The research object of the thesis is the theoretical issues of trademark licensing and trademark licensing contracts; legal status and practical implementation of the law on transfer of trademark use rights through trademark licensing contracts in Vietnam; regulations of a number of countries in the world on the transfer of the right to use trademarks 3.2 Research scope - About the research content: The research topic on the transfer of the right to use the mark by the contract of licensing the right to use the trademark in the current legal system of Vietnamese intellectual property; regulations of some countries in the world on the transfer of the right to use trademarks - About research space: The topic studies the practical implementation of the law on transfer of trademark use rights by trademark licensing contracts within the territory of Vietnam - About time: The thesis studies the practical implementation of the law on licensing of trademark use rights by trademark licensing contracts in Vietnam from 2006 to present Research methodology To carry out the thesis, the author uses the following main methods: - Synthetic method: This method is used to search and gather all documents related to the research object to serve the research process of the thesis, especially in chapter and chapter - Analytical method: This method is used throughout all chapters of the thesis to help clarify theoretical issues as well as legal and practical issues in the research process - Method of statistics, comparative jurisprudence, evaluation, typical legal methods: This method is mainly used for chapters and to help the thesis get a multidimensional, comprehensive, correct and profound view of the problem Research topics from which to draw conclusions and solutions with high accuracy and science, clearly showing the author's thinking, novelty, creativity and reasoning Scientific and practical significance of the thesis - Scientific significance: The thesis is the first specialized in-depth research work in the country on the transfer of trademark use rights under Vietnamese law, therefore, the research results of the thesis contribute to supplement and perfecting theoretical and legal issues on trademark licensing as well as trademark licensing contracts, enriching indepth legal scientific knowledge in the field of intellectual property - Practical significance: The thesis can be used as a reference for the research, teaching and learning of legal science at law training and research institutions The thesis can be used as a reference for traders in the business process, law enforcement agencies on intellectual property to solve problems arising in current practice New contributions of the thesis On the basis of studying legal and practical issues of trademark licensing, the thesis has the following new contributions: - Systematize, elaborate, analyze, supplement and develop the theoretical basis for trademark licensing in Vietnam, including: The concept of industrial property rights to trademarks; the concept and characteristics of the right to use the mark; concepts and characteristics of trademark licensing; The concept, characteristics, and roles of the contract for licensing the right to use the mark as well as the classification of the contract for licensing the right to use the mark; Differentiate between a trademark licensing contract and a trademark assignment contract; Differentiate between a contract for licensing the right to use a trademark and a contract for transferring a trade name; Distinguish between a trademark licensing contract and a franchise agreement An overview of the law on licensing of trademark rights of the European Union and a number of countries in the world as well as the process of formation and development of the law on trademark licensing in Vietnam - Analyze, evaluate and clarify the current status of Vietnamese law as well as the provisions of law in some countries around the world on the issue of trademark licensing and trademark licensing co-licensing of the right to use the mark, specifically: the scope of the transfer of the right to use the mark; limitations on licensing of trademarks; the form of transfer of the right to use the mark; the object of the contract of licensing the right to use the mark; the form of a contract to transfer the right to use the mark; the subject in the contract of licensing the right to use the mark; the content of the contract on licensing the right to use the mark; register a contract to transfer the right to use the mark; validity of the contract of licensing the right to use the mark; limited to the contract of licensing the right to use the mark; on dealing with acts of infringing upon intellectual property rights to trademarks related to the contract of licensing the right to use the mark Analyze and evaluate the practical implementation of the law on licensing of trademark use rights in Vietnam such as determining the value of a trademark in a contract for licensing the right to use a mark; on the performance of the contract on licensing of the right to use the mark in the event that the licensor being an enterprise or cooperative goes bankrupt or is dissolved; on the quality control of products for the licensee of the right to use the trademark; on the issue of dispute settlement in the contractual relationship on licensing of trademark use rights; - Proposing specific and highly feasible solutions to contribute to perfecting the law on licensing of trademarks by means of licensing contracts and improving the efficiency of law enforcement on licensing use the mark by the contract of licensing the right to use the mark in Vietnam Structure of the thesis In addition to the statement of commitment, the list of acronyms, the table of contents, the introduction, the overview of the research situation, the conclusion, the list of references, the thesis consists of 03 chapters, specifically as follows: Chapter General overview of trademark licensing Chapter Legal status and practical implementation of the law on licensing of trademark use rights in Vietnam Chapter Directions and solutions to complete and improve the efficiency of the implementation of the law on licensing of trademark use rights by trademark licensing contracts in Vietnam RESEARCH SITUATION OVERVIEW 1.1 Published scientific works related to the thesis topic 1.1.1 Theses, theses 1.1.2 Articles in scientific journals 1.1.3 Monographs, reference books 1.1.4 Foreign documents 1.2 Evaluation of the research situation of the issues within the research scope of the thesis Within the scope of his ability to research, research and analyze scientific works at home and abroad related to his topic, the PhD student found that: Currently, there is no research work in the country specifically, directly and comprehensively on theoretical and practical issues of trademark licensing under Vietnamese law Although some works have studied in depth about some shortcomings and limitations of the issue of trademark licensing, they have only stopped at the level of comparison with the law on trademark licensing in a number of countries around the world with evocative nature In addition, some books generally refer to the transfer of the right to use an industrial property object, but not go into specific analysis on the transfer of the right to use the trademark On the other hand, there are also a number of research works that the graduate student collects, although not completely related to the thesis, but within a certain limit they can be the basis for the PhD student to analyze and interpret some trademark issues Through the analysis and evaluation of the collected scientific works compared with the objectives of the thesis, the graduate student realizes that it is possible to inherit and continue to develop some of the problems in those research works As follows: 1.2.1 Theoretically Although the aforementioned studies have initially approached some basic theoretical issues on trademark licensing, there are still some very important issues that need to be further improved in the future thesis: First, about some concepts i) Brand concept ii) The concept of industrial property rights to trademarks iii) The concept and characteristics of trademark licensing and the concept and characteristics of the trademark licensing contract Second, on the role of the trademark licensing contract Third, on distinguishing the contract of licensing the right to use the mark from the contract of transferring the mark, the contract of transferring the trade name and the contract of franchising 1.2.2 Legal aspects Through the research, in general, the researchers found that currently there is no scientific research work that comprehensively and in-depth research on this issue Firstly, about the subject of the contract to transfer the right to use the trademark Second, about the method of transferring the right to use the trademark Third, on the subject matter of the contract of licensing the right to use the trademark Fourth, about the content of the contract for licensing the right to use the trademark Fifth, about registering a contract to transfer the right to use the trademark Sixth, about the limitation in the contract of licensing the right to use the trademark Seventh, on handling acts of infringing intellectual property rights on trademarks related to the contract of licensing the right to use the mark 1.3 Research questions of the PhD student for the thesis i) What is the theoretical model of trademark licensing? ii) What are the basic elements of a trademark licensing contract? iii) What is the current status of the law and the actual implementation of the law on the transfer of the right to use trademarks by the licensing contract? iv) What specific directions and solutions are needed to improve Vietnam's law on trademark licensing by means of a trademark license agreement? v) What specific solutions are needed to improve the efficiency of Vietnam's law enforcement on licensing of trademark use rights by trademark licensing contracts? 1.4 Research theory To complete the thesis, the author uses the following main research theories: i) Theory of intellectual property and industrial property rights to trademarks with a focus on the transfer of the right to use the mark ii) Theory of balancing the interests of subjects in trademark licensing iii) Theory of contract with the focus on the contract of licensing the right to use the mark iv) Specialized legal theory on commerce and civil refers to the transfer of the right to use the mark and the contract for the transfer of the right to use the mark CONCLUSION OF RESEARCH SITUATION OVERVIEW 1.1.6 Concepts and characteristics of trademark licensing contracts 1.1.6.1 The concept of a contract to transfer the right to use a trademark Trademark licensing contract is only a specific type of contract among many types of contract, so the concept of trademark licensing contract must also have all the common signs of the contract Generally speaking) Therefore, we can understand that “a trademark licensing contract is an agreement between the licensor and the licensee to establish the rights and obligations of the trademark owners within trademark licensing activities” 1.1.6.2 Characteristics of the contract for licensing the right to use the trademark Firstly, a contract for licensing the right to use a mark is a type of bilateral contract Second, about the object of the contract Third, about the form of the contract Fourth, the contract of licensing the right to use the mark is only valid within the territory in which the mark is protected Fifth, the duration of the contract of licensing the right to use the trademark must also depend on the period of time the trademark is protected Sixth, a contract for licensing the right to use a trademark is a place where the rights and obligations of the parties in the contract are clearly and clearly recorded, thus contributing to building a healthy competitive environment as well as creating a competitive environment contribute to the balance of interests among stakeholders 1.1.7 Classification of trademark licensing contracts Based on the scope of rights: if based on this criterion we will have: i) Exclusive contract; ii) Non-exclusive contract If based on the subject being the licensor in the contract, it will include: i) Basic contract; ii) Non-basic secondary contract 1.1.8 Role of trademark licensing contract 1.1.9 Distinguishing trademark licensing contracts from some other types of contracts 1.1.9.1 Distinguishing a contract of licensing the right to use a trademark from a contract of transferring a mark 1.1.9.2 Distinguishing a contract of licensing the right to use a trademark from a contract of transferring a trade name 1.1.9.3 Differentiate between a trademark licensing contract and a franchise contract 1.2 Overview of the law on licensing of trademarks of the European Union and some countries 1.2.1 Legislation of the European Union 1.2.2 German law 1.2.3 Laws of the United States 1.2.4 Laws of China 1.3 The formation and development of the law on the transfer of the right to use trademarks 1.3.1 The formation and development of trademark licensing in international law 1.3.1.1 Paris Convention 1.3.1.2 TRIPS Agreement 1.3.1.3 Bilateral and multilateral agreements 1.3.2 The formation and development of trademark licensing in Vietnamese law CONCLUSION CHAPTER CHAPTER LEGAL SITUATION AND PRACTICE OF IMPLEMENTATION OF VIETNAM'S LAW ON TRANSFER THE RIGHT TO USE THE TRADEMARK 2.1 Current status of Vietnamese law on trademark licensing 2.1.1 General provisions of Vietnamese law on trademark licensing 2.1.1.1 Scope of trademark licensing According to the provisions of Clause 5, Article 124 of the Intellectual Property Law, the use of trademarks can only be done through the following acts: i) Affix the protected mark on goods, goods packaging, means of business, means of service, transaction documents in business activities ii) Circulating, offering for sale, advertising for sale, stocking for sale of goods bearing the protected trademark iii) Importing goods and services bearing the protected trademark 2.1.1.2 Limitations on trademark licensing Intellectual property rights to trademarks are intangible and registered for protection Therefore, the use of this type of property is also somewhat more special than other types of non-intellectual property, that is, the use of a protected trademark is limited within the space and time stated in the trademark protection title (certificate of trademark registration) that the competent authority grants to the trademark owner 2.1.1.3 Forms of trademark licensing According to the provisions of Clause 2, Article 141 of the Intellectual Property Law, the transfer of the right to use the mark is done in the form of a written contract, this contract is called the contract of licensing the right to use the mark (also known as the contract of transfer of the right to use the mark trademark license agreement) 2.1.2 Current status of Vietnam's law on the transfer of the right to use a trademark by a contract of licensing of the right to use the trademark 2.1.2.1 The object of the contract of licensing the right to use the trademark The object of the contract of licensing the right to use the trademark is the right to use the trademark 2.1.2.2 Subjects in the contract of licensing the right to use the trade mark i) The licensee of the right to use the trademark ii) The transferee of the right to use the trademark 2.1.2.3 Forms of the contract for licensing the right to use the trademark In the spirit of Clause 2, Article 141 of the Intellectual Property Law, the transfer of the right to use an industrial property object must be done in the form of a written contract 2.1.2.4 Contents of the contract for licensing the right to use the trademark According to the provisions of Clause 1, Article 144 of the Intellectual Property Law, a contract for the transfer of the right to use a mark must have the following main contents: The contracting parties; grounds for transferring the right to use; contract form (type of license to use); scope of licensing; the term of transfer of the right to use; license transfer price and payment method; rights and obligations of each party; signatures of representatives of the parties Thus, the new IP Law only lists the terms that a trademark licensing contract must contain, but the IP Law and its guiding documents not have guidelines to help the parties understand the content must be included in the contract, causing many subjects to be confused in the contract 2.1.2.5 Registration of trademark licensing contract Through studying the laws of some of the countries mentioned above, the author found that there are still some problems with registration of trademark licensing contracts in Vietnam 2.1.2.6 Effect of the contract of licensing the right to use the trademark As for the provisions on the content that the licensor should not include in the contract to unreasonably limit the rights of the licensor, the European Union has a different provision 2.1.2.7 Limitation in trademark licensing contract According to the provisions of Article 142 of the IP Law, the transfer of the right to use trademarks has certain limitations 2.1.2.8 Regarding handling of acts of infringing upon intellectual property rights to trademarks related to the contract for licensing the right to use the mark The IP Law defines the subject who has the authority to exercise the right to selfprotection in a general, not specific way, only generally stipulating as an "intellectual property right holder", while Clause 6, Article of the Law Does IP without a clear definition of an "intellectual property right holder" include the licensee of the right to use the mark under a secondary contract? Does the transferee of the right to use the mark under a secondary contract automatically have the right to sue or complain about such infringement? 2.2 Practical implementation of the law on licensing of trademarks by licensing contracts in Vietnam 2.2.1 Some results achieved in the application of legal provisions on licensing of trademark use rights by trademark licensing contracts in Vietnam 2.2.2 Some limitations and inadequacies in the implementation of the law on transfer of trademark use rights by trademark licensing contracts in Vietnam 2.2.2.1 The issue of determining the value of the trademark in the contract of licensing the right to use the trademark In trademark licensing activities, the determination of the value of the trademark is extremely important because it is closely related to ensuring the interests of both the licensor and the transferee However, the determination of the value of the right to use the trademark in practice today faces many difficulties due to many different reasons 2.2.2.3 Regarding the use of the right to use the trademark to contribute capital to other companies Through the above cases, we can see that the need to contribute capital with the right to use the mark already exists in reality and may tend to increase, because the right to use the mark has actually brought many benefits great economic benefits for businesses, while Vietnam's law has no regulations allowing this, the above Official Letter No 2349 of the Ministry of Finance is just a document applying individual laws special, under the law and no longer in accordance with the provisions of the current Law on Enterprises 2.2.2.3 Regarding the quality control of products for the licensee of the right to use the trademark Accordingly, the content of product quality control for the licensee of the right to use the trademark has not been recognized by the IP Law as one of the main contents that must be included in the contract of licensing the right to use the trademark , while this is a very important content because it is directly related to the reputation of the transferor and the interests of consumers 2.2.2.4 Regarding the performance of the contract on licensing of the right to use the mark in the event that the licensor being an enterprise or cooperative goes bankrupt or is dissolved Currently, the law on bankruptcy, dissolution of enterprises and cooperatives and the law on intellectual property of our country has no regulation on this issue Therefore, the transferee will have difficulty when falling into this unfortunate situation 2.2.2.5 Regarding the dispute resolution of trademark licensing contracts Through the resolution of the above case, we can see that the adjudication of these disputes in some courts in our country is still confused and has not achieved high efficiency that the Court's misidentification of its jurisdiction to accept dispute settlement in the above case is one of the specific examples 2.2.2.6 Regarding the issue of determining the ownership rights to the increased "intangible value" of the mark after the parties terminate the contract to transfer the right to use the mark The current IP law does not have provisions on the "intangible value" of a mark that increases after the parties terminate the contract to transfer the right to use the mark, which makes it difficult to resolve the issue this dispute, prolonging the time for dispute resolution 2.2.2.7 Regarding the application of the provision, there must be no provisions that unreasonably restrict the rights of the licensee When researching the above dispute, the author found that the cause of the above incident was that the law had not yet provided a definition and criteria to understand what is "for quality assurance purposes" specified at point c Clause 2, Article 144 of the Law on Intellectual Property 2.2.3 Causes of some limitations and inadequacies in practical implementation of the law on transfer of trademark use rights by trademark licensing contracts First, the group of causes from the provisions of the law: Second, group of causes from related subjects: CONCLUSION CHAPTER CHAPTER ORIENTATION AND SOLUTION TO COMPLETE, ADVANCED EFFECTIVE IMPLEMENTATION OF LAW ON TRANSFER THE RIGHT TO USE THE TRADEMARK IN VIETNAM 3.1 Orientation to improve the law on licensing of trademark use rights by trademark licensing contracts in Vietnam 3.1.1 Completing the law on licensing of trademark use rights by means of a trademark licensing contract must be consistent with the guidelines and guidelines of the Party and the State's policies on intellectual property 3.1.2 Completing the law on trademark licensing by means of a trademark licensing contract must meet the requirements of international economic integration 3.1.3 Completing the law on trademark licensing by means of a trademark licensing contract must be placed in relation to relevant legal documents 3.1.4 Completing the law on trademark licensing by means of a trademark licensing contract must have provisions that are predictable, catch up with and anticipate development trends for long-term application 3.2 Solutions to improve Vietnam's law on trademark licensing by means of a trademark license contract Firstly, about the subject who is authorized to transfer the right to use the mark under a secondary contract: on the basis of the arguments analyzed in 2.1.1, we can amend Clause 3, Article 142 of the IP Law in the direction of Similar to the US trademark law, whereby: “The licensee of an exclusive trademark may transfer the right to reuse the mark to a third party if so permitted by the trademark owner permission; the licensee of a non-exclusive mark does not have the right to enter into a contract to transfer the right to reuse that mark to a third party Second, on the subject matter of the contract for licensing the right to use a mark: The IP Law needs to add a provision that affirms the permission to transfer the use rights of many trademarks in the same trademark license contract to increase the transparency of the law, helping the parties, especially those who are not familiar with the IP Law, who wish to enter into this type of contract boldly enter into the contract, avoiding the situation of having to sign many contracts to transfer the right to use the Different brands with the same side In addition, the IP Law also needs to add a provision: “The person who is allowed to transfer the right to use his/her trademark must transfer the right to use the right trademark that he/she owns to the licensee If the licensor has agreed with the licensor to use only a sign that appears to be identical or coincidentally similar, it is not considered a trademark license This provision is intended to deal with the case where the party competent to license the right to use the mark only transfers to the transferee a sign that only appears to be coincidentally identical or similar to the mark to which he is entitled Third, the IP Law needs to add another form of trademark licensing contract, which is the sole license Fourth, on how to develop regulations on the content of a contract to transfer the right to use a mark: It is necessary to remove the phrase "must have" in the provisions of Clause 1, Article 144 of Vietnam's IP Law because it is mandatory this is not consistent with the basic principle of entering into a contract which is the principle of freedom of agreement, voluntary conclusion and the right to self-determination of the parties in the contract Fifth, on how to stipulate the content that does not allow agreement in the contract of trademark licensing: The IP law should change this provision in the direction of the European Union's regulations mentioned in Section 2.1 .4 to make sure scientific and comprehensive of the matter, optimally protecting the rights of the licensee, and at the same time controlling the abuse of rights of the trademark owner in the contract Sixth, on registration of trademark licensing contracts: it is necessary to supplement the provisions in Article 148 of the IP Law in the direction: It is not required to register trademark licensing contracts with state agencies authority, but the contract remains legally valid for the third party In case, one or the parties to the contract wish to register, the competent state agency shall consider for registration and grant the certificate of registration of the contract of licensing the trademark if the application is valid according to regulations of the Law In addition, additional content needs to be created in the national database of industrial property specified in Article 60 of the consolidated document No 07/VBHNBKHCN dated December 29, 2017 of the Ministry of Science and Technology, whereby it is necessary to create an electronic database on the contract of licensing the right to use the registered trademark for the relevant subjects to exploit and use Seventh, it is necessary to amend Clause 2, Article 142 of the IP Law in the direction of “The right to use a collective mark may not be transferred to an organization or individual that is not a member of the owner of that collective mark, unless the owner of the collective mark is The owner of the collective mark agrees to transfer if it deems it necessary for the benefit of that collective” Eighth, regarding handling of acts of infringing upon intellectual property rights to trademarks related to the contract of licensing the right to use the mark: This issue is regulated in Article 198 of the Intellectual Property Law and Clause 4, Article 24 of Decree 105/2006/ND-CP The Government's CP is regulated in a general and unclear manner Therefore, the author believes that the law needs to have a clear adjustment on this issue to avoid causing difficulties in application Through the research, the author realizes that it is possible to learn from the experience in the legal regulations of Germany, China and the United States to develop a solution to this problem Specifically: i) For the licensee in an exclusive trademark licensing contract: have the right to take legal action to protect his/her legitimate rights and interests arising within the framework of the licensing contract use the trademark after notifying the trademark owner This is the owner whose rights and interests will be directly infringed and most affected because it is possible that this is the sole holder of the right to use the mark during that time (if the recipient transfers the right to use the mark) This application does not allow the trademark owner to use the mark while the license agreement is in effect) ii) For the licensee in a non-exclusive trademark licensing contract: a legal action may be taken only if the trademark owner agrees and that must be clearly stated in the contract Because this is not the only subject during the effective time of the trademark licensing contract, there may be many other subjects who can also transfer the right to use the trademark from the owner, so the extent of the infringement will be more limited iii) For the licensee in the contract of transferring the right to use the mark under the secondary contract: only have the right to petition the licensor to use the mark for himself, but not the owner of the mark, for handling infringement because, after all, this contract is just a derivative contract from a direct license contract (not directly from the trademark owner) and the extent of the infringement is usually much more limited than the two cases mentioned above Ninth, regulations on quality control of goods and services of the licensee to use the mark for the licensee to use the mark Tenth, it is necessary to complete a specific document guiding the method of trademark valuation in order to have a basis for charging a reasonable license fee Eleventh, it is necessary to add a regulation that allows trademark owners to use the right to use the mark to contribute capital to the company to meet the needs of practice and in accordance with the laws of many countries above world Accordingly, the owner of the mark has the right to contribute capital with the right to use the mark, and the party receiving the capital contribution must also meet certain conditions set by the law similar to the cases of licensing of the right to use the mark trademarks in general, and at the same time, the duration of capital contribution with the right to use the mark must not exceed the time limit for registration of trademark protection The capital contribution with the right to use the mark is terminated when the term of registration for protection of that mark ends and can continue to be used to contribute capital if the mark has been registered for an extension of protection Twelve, regarding the performance of the contract of licensing the right to use the mark in the event that the licensor being an enterprise or cooperative goes bankrupt or is dissolved: To protect legitimate interests and minimize damage For the transferee, the Bankruptcy Law, the Law on Enterprises, the Law on Cooperatives and the Intellectual Property Law need to agree to allow the licensee of the right to use the trademark to continue using the mark after the transferor is banned bankruptcy or dissolution if the contract is still valid Thirteenth, regarding ownership of the "invisible increase in value" of the mark after the parties terminate the contract to transfer the right to use the mark: The IP Law needs to add provisions in the direction: after termination When the contract terminates, the ownership of the mark still belongs to the owner of the mark, so the added intangible values of the mark must also belong to the owner of the mark Fourteenth, it is necessary to supplement regulations to define and develop signs to identify what is "for quality assurance purposes" specified at point c, clause 2, Article 144 of the IP Law, to avoid the transferor assigning the right to use the mark with arbitrary acts, abusing this ambiguous designation to prejudice the legitimate rights and interests of the licensee 3.3 Solutions to improve the efficiency of the implementation of Vietnamese law on the transfer of trademark use rights by trademark licensing contracts Firstly, it is necessary to gather and unify regulations scattered in the previous normative documents related to the issue of determining the price of intellectual property rights in general and the value of use rights trademark in particular In addition, we also need policies to build and develop a team of consultants on the identification, appraisal and assessment of the value of intellectual property rights as well as trademarks to support for businesses Second, practice shows that a case on industrial property rights often involves many issues such as administrative, economic, civil and even criminal, requiring the need to settle the case in a whole In many countries such as the United States, France, Germany, Japan, Thailand have established specialized intellectual property courts to solve all related issues in the same case and are very effective Because, many current judges are not equipped with timely and adequate knowledge related to intellectual property rights, let alone in-depth knowledge, so if a specialized court is established, will increase professionalism, depth in solving Therefore, in the coming time, it is very necessary to establish a specialized court on intellectual property in our country In addition, it is necessary to strengthen the resolution of trademark licensing contract disputes in particular and to resolve business, commercial, and civil disputes in general by means of online, arbitration, and arbitration online resources, from which to gradually draw experience to develop and perfect the legal provisions governing these two methods of dispute resolution Third, it is necessary to further promote the communication of the law on intellectual property as well as the great value of intellectual property properties for businesses to jointly build a sense of preserving and developing trademarks Vietnamese brand, able to compete with foreign enterprises The propaganda and dissemination of the law should not only stop at the organization of conferences, seminars, and seminars, but should also set up a website to broadcast according to a fixed time frame on Vietnam Television and local stations , Voice of Vietnam radio, intellectual property news sites on the platform of social networking sites such as Facebook, Zalo, In addition, it is necessary to organize live and online contests to learn about the law of property intellectual property in general and trademark licensing in particular The Ministry of Science and Technology, the Ministry of Planning and Investment, the Department of Science and Technology and the Department of Planning and Investment, universities in central-affiliated cities and provinces need to organize startup programs Creativity associated with the construction and exploitation of intellectual property rights to create practical spillover effects Fourth, it is necessary to have policies to encourage and support domestic enterprises in trademark licensing activities to develop effective trademarks from consultation, negotiation, signing of transfer contracts to registration procedures signing a contract and finally building a long-term brand development strategy Fifth, local business associations and departments of Science and Technology need to develop and implement a strategy for training and fostering to improve the qualifications of their employees in particular and intellectual property in general To form human resources with solid expertise in intellectual property to promptly advise and resolve arising problems related to the contract of licensing the right to use trademarks in particular and intellectual property rights local wisdom in general Sixth, competent agencies such as the Ministry of Science and Technology, Department of Science and Technology, Public Security, customs, market management, etc need to closely coordinate in strengthening inspection, examination and control work to keep up with time detect, prevent and strictly handle acts of infringement of industrial property rights for trademarks in particular and intellectual property rights in general, making an important contribution to building and maintaining a fair competitive environment strong, equitable and sustainable development CONCLUSION CHAPTER GENERAL CONCLUSION Through the assessment of the general situation of scientific researches at home and abroad related to the thesis topic, on the basis of scientific research theory selected by the author as a research foundation , the author has researched, analyzed and clarified theoretical issues about the contract of licensing the right to use trademark in a comprehensive and profound way, including: the concept of trademark; the concept of industrial property rights to trademarks; the concept and characteristics of trademark licensing; the concept and characteristics of the contract of licensing the right to use the mark; classification of trademark licensing contracts; the role of the trademark licensing contract; distinguish a contract for licensing the right to use a mark from some other types of contract on the other hand, it gives a brief overview of the law on licensing of trademarks of the European Union and some countries as well as the formation and development of the law on licensing of trademarks At the same time, through the analysis and assessment of the current legal situation and the practice of implementing the law on trademark licensing contracts in Vietnam fully and honestly, the thesis has analyzed and evaluated many issues related to: Scope of trademark licensing; limitations on licensing of trademarks; the form of transfer of the right to use the mark; the object of the contract of licensing the right to use the mark; the subject in the contract of licensing the right to use the mark; the form of a contract to transfer the right to use the mark; the content of the contract on licensing the right to use the mark; register a contract to transfer the right to use the mark; validity of the contract of licensing the right to use the mark; limited to the contract of licensing the right to use the mark; the right to selfprotection of the subjects in the contract of licensing the right to use the mark; the issue of determining the value of the mark in the contract of licensing the right to use the mark; the issue of quality control of the product for the licensee of the right to use the trademark; on the performance of the contract on licensing of the right to use the mark in case the licensor being an enterprise or cooperative goes bankrupt or is dissolved; dispute resolution in the contractual relationship of licensing the right to use the mark From those analyzes and assessments, the author points out the causes of some shortcomings and limitations in the practice of implementing the law on licensing of trademarks by means of a license agreement , in order to develop basic directions and propose solutions in a thorough and highly feasible way to both perfect the Vietnamese law on licensing of trademark use rights by licensing contracts while improving the efficiency of application of the law on licensing of trademarks by licensing contracts in Vietnam LIST OF PUBLICATIONS RELATED TO THESIS THEME Nguyen Thanh Tung (2018), Discussing the concept of trademark in the 2005 Intellectual Property Law as amended and supplemented in 2009 from the perspective of comparative law, People's Court Journal Nguyen Thanh Tung (2018), Some inadequacies and limitations arising in the performance of a contract to transfer the right to use trademark in Vietnam, People's Court Journal Nguyen Thanh Tung (2020), Law on transfer of trademark use rights of the Federal Republic of Germany, the United States of America and lessons learned for Vietnam, People's Court Journal Nguyen Thanh Tung (2021), Law on licensing of trademark use rights of the European Union and China - Lessons learned for Vietnam, Industry and Trade Journal Nguyen Thanh Tung (2023), Legal risks in concluding and performing trademark licensing contracts in Vietnam, Proceedings of an international scientific conference organized by the University of Toulouse Capitole in France, Network of human institutes National Literature on Health and Environmental Crisis, jointly organized by the Hue University of law