The conflict of rights between trademark and trade name protection in vietnamese law and european union law

The conflict of rights between trademark and tradeHO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL TRAINING PROGRAMS  - BACHELOR’S THESIS REGULAR EDUCATION COURSE 35 (2010 – 2014) THE CONFLICT OF RIGHTS BETWEEN TRADEMARK AND TRADE NAME PROTECTION IN VIETNAMESE LAW AND EUROPEAN UNION LAW STUDENT: NGUYEN THI LAN GIANG STUDENT CODE: 1055050065 CLASS: ADVANCE CLASS 35th COURSE SUPERVISOR: Dr PHAN NGOC TAM HO CHI MINH CITY, 2014 I hereby declare that this thesis is my own research under the guidance of the supervisor Where other sources of information have been used, they are duly acknowledged in the text and list of references I am responsible for any infringement on copyrights of the third parties that may result July 18th, 2014 Nguyen Thi Lan Giang TABLE OF CONTENTS INTRODUCTION 01 1.Chapter 1: Overview of conflict between trademark and trade name protection 05 1.1 Concept of trademark and trade name protection 05 1.1.1 Definition of trademarks and trade names 05 1.1.1.1 Definition of trademarks 05 1.1.1.2 Definition of trade names 10 1.1.2 Conditions and scope of trademark and trade name protection 13 1.1.2.1 Conditions and scope of trademark protection 13 1.1.2.2 Conditions and scope of trade name protection 18 1.1.3 Basis of appearance and mechanism of establishing to protect the trademark and trade name rights 21 1.1.3.1 Basis of appearance and mechanism of establishing to protect the trademark rights 21 1.1.3.2 Basis of appearance and mechanism of establishing to protect the trade name rights 29 1.2 Conflict of rights between trademark and trade name protection 30 1.2.1 Overlap and conflict of rights between trademark and trade name protection 30 1.2.2 The types of conflict between trademark and trade name protection 34 2.Chapter 2: Mechanism of resolving the infringement of conflict of rights between trademark and trade name protection 35 2.1 Infringements and Legal issues of conflict of rights between trademark and trade name protection in EU 36 2.1.1 Analyzing some major cases of infringement between trademarks and trade names in EU 36 2.1.1.1 Robelco NV v Robeco Groep NV case 36 2.1.1.2 Céline SARL v Céline SA case 40 2.1.2 Some common remedies to resolve infringement of trademarks and trade names:………………………………………………………………………… 42 2.1.2.1 Civil remedy 43 2.1.2.2 Border measures 44 2.1.2.3 Unfair competition law 44 2.1.3 Some legal issues in EU and resolutions: 45 2.1.3.1 There is lack of regulation to protects trade name 45 2.1.3.2 Absence of harmonization with respect to unfair competition law in Trademark Directive 46 2.1.3.3 Differing levels of trade name protection in Continental Europe…………………………………………………………………………46 2.2 Infringements and Legal issues of conflict of rights between trademark and trade name protection in Vietnam 48 2.2.1 Current infringements and common remedies to resolve the infringements of trademark and trade name 48 2.2.1 Current infringement………………………………………………………….48 2.2.2 Two major types of infringement: 51 2.2.2.1 Utilization/registration of trade name infringes the protected trademark 51 2.2.2.2 Registration/use of trademarks violates protected trade names 54 2.2.3 Analyzing some cases and demonstrating the legal issues: 56 2.2.3.1 Trade name Binh Minh v trademark Binh Minh 56 2.2.3.2 A trade mark v a household business name: Hung Thinh 57 2.2.3.3 Other matters in right protection: 58 2.3 Upgrading legal provisions and enforcement of diminishing the conflict of rights between trademark and trade name protection in Vietnam 61 2.3.1 Improving legal provisions 61 2.3.2 Upgrading the quality of enforcement on diminishing the conflict of rights between trademark and trade name protection in Vietnam 62 Conclusion…………………………………………………………………………….68 Abbreviation CTMR ECJ EU IP The Community Trademark Regulation European Court of Justice European Union Intellectual Property NOIP National office of intellectual property of Vietnam OHIM The Office for Harmonization in the Internal Market TRIPs Agreement on Trade-Related Aspects of Intellectual Property Rights UK Vietnamese IP law WIPO WTO United Kingdom Law No 50/2005/QH11 on Intellectual Property (revised 2009) World Intellectual Property Organization World Trade Organization INTRODUCTION The necessity of doing research In international commercial relationship nowadays, Intellectual property (hereinafter referred to as IP) becomes increasingly more important Especially, Industrial property right plays a fundamental role in a wide range of areas as well as a substantive factor in commercial activities In 2007, Vietnam became an official member of World Trade Organization (hereinafter referred to as WTO) and was bound to comply with the agreement on the relevant aspects of the right to Trade Intellectual Properties (hereinafter referred to as TRIPs), which requires the establishment a legislation system of Intellectual Property solidly and appropriately In consequence, the Law on Intellectual Property in Vietnam has gradually transformed and improved in order to match with the requirements of international standards setting on the protection of intellectual property rights Until now, the mechanism of protection IP rights in Vietnam is transparent, consistent and satisfied with the international requisites.1 Under the provisions of Vietnam IP law, trademarks and trade names are separate objects of intellectual property rights Even though there are some similarities, conflicts and misunderstanding between trademarks and trade names also founded For example, the utilization of trade names may infringe protected trademark rights and the registration of trademarks may affect protected rights over trade names Vietnamese IP law and international conventions have provided legal explanations on each object separately, described the relationship between trademarks and trade names, measurements to solve conflicts between them In general, these regulations have contributed solid solutions to prevent conflicts, also infringements, however, there are legal issues still existed in reality of practicing IP law, in complicated disputes between trademarks and trade names For these above reasons, it is necessary to have a comprehensive research on the relationship and conflict of rights between trademarks and trade names protection comprising with the law of the European Union (hereinafter referred to as EU) to identify origin of those conflicts on practical activities of protection Therefore, I National Office of Intellectual Property of Vietnam (2011), ―Document of intellectual property training program”, Hanoi, p.24 decide to select a topic “The conflict of rights between trademark and trade name protection in Vietnamese law and European Union law” for my graduation thesis The literature review of the research Conflict of rights between trademark and trade name protection is quite new research all over the world There are small figures of research directly accessed this legal issue such as: (i) An article “Conflict of rights between trademark and trade name protection”, in Legal Sciences Journal of Hochiminh City University of Law, No (76) /2013 by Le Thi Nam Giang2; (ii) An article “Recent developments in the protection of trademarks and trade names in the European Union: From conflict to coexistence” in the Official Journal of the International Trademark Association Vol 97 TMR (2007) by Gail E Evans3; (iii) Master of Law thesis ―The legal aspects of the link between trademarks and trade names‖ by Bo Xuan Tuan (2013) Besides, there are some separate in-depth researches on trademarks, trade names namely: (i) Master of Law Thesis, “Vietnamese law on Well-known trademark protection in comparison with European law and American law” by Phan Ngoc Tam (2004); (ii) An article "Vietnam Law on the protection of industrial property rights to the trade name and solution-reality" by Bui Huyen, Journal of democracy and law (No 12/2010); (iii) An article “Trade names and trademarks-From the definition to the legal issues might arise” by Le Tung, Journal of Legislative research (No 100, June 2007); (iv) Bachelor thesis of law “Legal liability arising from infringements of industrial property rights to the trademark in Vietnamese law and EU law” by Tran Thi Minh Phuong (2013); (v) Bachelor thesis of law “Trademark protection-the theoretical and practical issues” by Nguyen Thi My Hieu (2011); (vi) Bachelor thesis of law “Trademark dispute settlement in Vietnamese law and referring to the European Union law” by Ngo Thanh Hai (2013) Doctor of Law, Vice dean of International law faculty- Ho Chi Minh City University of Law Reader in International Trade and Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary, University of London An earlier version of this article was presented at the Fordham Annual Conference on International Intellectual Property Law & Policy, April 2007, New York Although these researches approached in many different aspects of the relationship between trademarks and trade names, but in general there is no in-depth research exploring on the conflict of rights in protection between trademarks and trade names in Vietnam and the European Union The purpose of the thesis This thesis has below aims: Firstly, this thesis provides basic knowledge of trademarks and trade names, mechanism of trademark and trade name protection and conflict of rights between these two concepts Secondly, this thesis analyses infringements between trademarks and trade names in legal practice in order to illustrate legal issues in Vietnam and EU simultaneously Finally, this thesis also seeks out some possible measures to improve Vietnamese regulations and practical protection of trademark and trade name right as well as acquiring the experience of EU legislation, which proposes some suitable recommendation for Vietnam The author hopes that this thesis becomes a useful document of researching trademark and trade name and legal aspects of these two concepts Delimitation Due to limitation of time and materials, the author just focuses on researching the following points: Limitation on theory: the thesis concentrates on fundamental theoretical matters relating to trademark and trade name protection under legal aspects Limitation on legal grounds: trademark and trade name protection in some International conventions, EU legislations, Vietnamese legislations and cases which are directly relevant to the trademarks and trade name as well as pointing out the conflict of rights in protection of two these concepts Methodology The author combines different legal methods as follows: For the purpose of this thesis, the author will combine different legal methods in the ground of Marxist-Leninist methodology as follows: (i) Description: is used mainly in chapter to present definitions, concepts and provisions of law (ii) Comparison: clarifying and comparing the similarities and differences of the features of conflict of rights between trademarks and trade names in Vietnamese law referring to the law of the EU laws in both chapter and chapter (iii) Case study: illustrating the cases of Vietnam and EU at the current time in chapter (iv) Synthetic method: collecting relevant information from different sources such as textbooks, journal articles, cases, etc (v) Inductive method: used in chapter and chapter to present the personal opinions, displaying inadequacies of legal provisions, especially in Vietnam (vi) Analysis: is used in all chapters, to withdraw conclusions and recommendations Structure of thesis This thesis is divided into two chapters: Chapter 1: Overview of conflict between trademark and trade name protection Chapter 2: Mechanism of resolving the infringement of conflict of rights between trademark and trade name protection Chapter 1: Overview of conflict between trademark and trade name protection 1.1 Concept of trademark and trade name protection 1.1.1 Definition of trademarks and trade names 1.1.1.1 Definition of trademarks ―A "trademark for commercial goods" necessarily requires commercial goods being manufactured and traded Trademarks not only identify goods, but create a distinction between goods from various sources The trade of goods came into practice long ago, and the use of trademarks is thought to have evolved from that Craftsmen applied their names, unique drawings, or simple inscriptions to identify goods they created Even though these marks surely helped in distinguishing goods, it is difficult to say that these marks were trademarks with distinctiveness in the modern sense of the word.4 On the other hand, ―trademark is a concept which is widely used in social life to individualize a commodity of goods and services and help consumers distinguish goods from the same types of goods and services as well as providing consumers information of these products.‖5 TRIPs Agreement introduced intellectual property rules into the multilateral trading system for the first time, which had a comprehensive, normative definition of trademarks: ―Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs, shall be eligible for registration as trademarks.‖6 Thereafter, there are varieties of trademark definition in different countries In the United State of America, under the modern definition of the term ―trademark‖, both the common law and federal law follow the definition set forth in Lanham Act:7 “… any word, name, symbol or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those Read more ―The History and Development of Trademark Law‖ in http://www.iip.or.jp/e/e_publication/ono/ch2.pdf (Last visited on 10 May 2014) Ho Chi Minh City University of Law (2012), “Textbook of Intellectual Property Law”, Hong Duc publisher, p.244 Article 15.1 TRIPS J Thomas MCCarthny (1992), ―McCarthny on Trademarks and Unfair Competition”, Third edition, Volume 1, Published by Clark Boardman Callaghan, § 3-§ 3.01[1] this regulation, which competent agencies will settle violation is not stipulated clearly Consequently, this measurement process is not thorough Thirdly, for protected trademarks, right holders have rights to oppose the use of a trade name which is identical or similar to a mark confusingly similar in the national scale For trade names, right holders also have the same rights, but they must prove that the use of labels can mislead consumers about the origin of goods and services (corresponding to the scope of protection of a trade name) If a business entity simultaneously uses trade names and trademarks, the protection will be easier and more effective than just utilizing trade name protection As in the case of dispute involving trade name and trademark "Hung Thinh", if Hung Thinh only used trade name Hung Thinh to oppose the use of Hung Thinh by Hung Thinh 2, it would be very difficult to identify any violation in this case because of separate geographical area, customers, business partners of Hung Thinh (Ho Chi Minh City) and Hung Thinh ( in Binh Duong) Fourthly, effectiveness of enforcement in the People's Court The dispute should be treated by civil remedies, but very few cases are mostly administrative measures 127 These shortcomings in the operation of the Court as follows: (1) The court shall not accept reasonable settlement of disputes related to trademarks and trade names In Phuc Sinh case: Phuc Sinh joint stock company addressed H3 Building, 384 Hoang Dieu Street, Ward 6, District 4, Ho Chi Minh City (hereinafter referred to as Phuc Sinh 1) owns a trademark Phuc Sinh which was granted the certificate of trademark registration No 73 422 on 06 July 2006 by the NOIP Phuc Sinh import and export of agricultural products joint stock company addressed at the 1st Floor of Building 15, Dong Da street, ward 2, Tan Binh District, Ho Chi Minh city (hereinafter the Phuc Sinh 2) On 20 January 2009 filed a petition in Ho Chi Minh City People's Court, but the court returned the petition for the reason: the two companies are granted business registration certificates by the Department of Planning & Investment; therefore, both companies should make complaints to the Department of Planning & Investment After that, on the basis of a complaint of Phuc Sinh 1, the court has received the petition (2) Judges are not trained in depth to resolve the dispute settlement between the trade name and trademark, the judge must be qualified and knowledgeable legal regulations in terms of intellectual property and enterprise law 127 Phuong Loan, “Should establish specialized IP court?”, Legal Journal No 04 June 2012 60 The classification of judgment has not been guaranteed In disputes involving a trademark and a trade name "Mi Hong‖, the judgement No 210/2010DS-PT has not convinced, both the general and appeal judgements did not provide legal basis and principles which are important to resolve conflicts such as the principle of respect of prior industrial property rights according to Article 17 Decree 103/2006NĐ-CP 2.3 Upgrading legal provisions and enforcement of diminishing the conflict of rights between trademark and trade name protection in Vietnam 2.3.1 Improving legal provisions  Amending Article 31 of the Enterprise Law, in particular, Article 13.2 of Decree 43/2010NĐ-CP, ―business activity, investment form are only considered additional elements that are not components of the Enterprise proper name‖ uniform regulations of ―proper name of the enterprise‖ in law on the Enterprises which is equivalent with " proper name component of a trade name‖ in IP law  Amending Article 17 of Decree 43/2010 "before registering a business name, business" must "reference trademarks, geographical indications in Databases " In addition, there should be an amendment with regard to this content "enterprises have to commit to name enterprise‘s name, which does not violate the IP law" in the business registration certificate, the content of ―commitment‖ should follow basic issues: (i) individuals and organizations have made the commitment to lookup trademarks, geographical indications in Databases (ii) after looking up, individuals and organizations register enterprise‘s name, which does not violate the laws of IP, and pledge to be responsible if any violations  Supplementing provisions on the household business name protection in Article 56 of Decree 43/2010: regulations for handling business name which violated other industrial property right Article 17 of this Decree shall also apply to household business name to resolve the infringement between the right of household business name and industrial property right  Supplementing regulations of remedies for resolving infringements of trade names / household, business names more effectively Some possible remedies: stronger household and have more energy as one deterrent measures such as revocation of business registration and delete names in business registration number, according to its also supplements this case as one basis for additional cases on Article 61 of Decree 43/2010 61  In trademark registration, there should be specific regulations for third party, especially trade name owner access information about registering trademarks to protest in case having violated 2.3.2 Upgrading the quality of enforcement on diminishing the conflict of rights between trademark and trade name protection in Vietnam  Enhancing the protection of industrial property rights to trademarks and trade names: Enhance coordination between business registration agencies with NOIP Enhance and improve the quality of adjudication of cases involving IP right disputes, particularly between trademarks and trade names Codifying regulations directly related to the dispute to the handbook of intellectual property rights to publish and put on the media to contribute to the reference in the trial process, as well as society, especially the right holders consider reference to minimize the possibility of conflicts can occur  Establishing an independent IP court: In the current stage, we should urgently study the model of IP Court experience of some countries which is eligible to propose the establishment of the IP Court Initially, preparing human resources, training, theoretical basis for the establishment of specialized IP right court in Hanoi and Ho Chi Minh City, then expanding in other areas For more analysis, in the process of judicial reform of Vietnam, strengthening the organizational structure of the Courts is inevitably necessary Although in most countries, the types of IPR covers the civil, criminal and administrative, but some countries like Germany, Thailand have established specialized court's adjudication of IP right infringement cases; some countries have specialized court to hear cases of IP right infringement in court In Korea, Japan, America, the UK have only IP addressing IP right of civil cases without specialized court to deal with IP right criminal cases, the criminal cases of IP right be resolved in accordance with normal procedures.128 As global trade increases, the importance of protecting IP rights has received heightened recognition IP is a valuable asset, but protection is not sufficient without adequate and effective enforcement Thus, the major problem faced by IP rights holders is in the realm of effectively and efficiently enforcing their rights against commercial-scale infringement for IP rights holders want speedy and cost-effective 128 Pham Van Toan, “Handling infringements of IP rights in Civil remedies in Vietnam Legal and practicial recommendations for improvement” Available at: http://thanhtra.most.gov.vn/vi/cac-bai-nghien-cuu-shtt/x-lyxam-ph-m-quy-n-s-h-u-tri-tu-b-ng-bi-n-phap-dan-s-t-i-vi-t-nam-th-c-ti-n-phap-lu-t-va-d-xu-t-hoan-thi-n (Last visited 20 July 2014) 62 mechanisms for enforcement, timeliness of decisions, predictability of adjudication and unification and consistency of IP legal doctrines, and precision in decision making While the WIPO treaties and the TRIPs Agreement not require creation of IP specialized courts, many countries have now created them as the most appropriate way to implement their obligations under international IP agreements, like the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty The Survey conducted by the International Bar Association shows that countries have specialized courts that hear IP cases exclusively, and Thailand's the Central Intellectual Property and International Trade Court is included in this classification, together with Turkey, United Kingdom and Korea, and recently, Japan; that countries have specialized tribunals that hear IP cases exclusively, and the Philippines and Singapore are included in this classification; that 29 countries have general jurisdiction courts with IP specialized divisions or specialist judges; that countries have commercial courts/divisions that hear IP cases, and Indonesia is included in this classification; that 13 countries have appellate courts that hear IP cases exclusively together with other types of appeals; and that 11 countries have explored or announced their intention to establish IP specialized courts, and Malaysia and Vietnam are included in this classification129 In reality, there are many opposite stances of importance of establishing specialized IP court in Vietnam or not In my viewpoint, it is essential to create the specialized IP court because of below benefits: (i) Expertise Judges may produce more reasoned and practical decisions owing to their experience in IP issues The fact that the specialist judge is familiar with the particular area of law will frequently enable the court, at an early stage, through case management at a directions hearing, to ensure that only the core issues are pursued and, if necessary, that discovery is tailored to the particular case The judge may, in the more informal atmosphere of this particular process, express some preliminary views about the overall merits of the case, and this may point the way to a settlement or a reduction in the number of matters at issue Consistency of legal doctrine in the IP field This comprehensive understanding of and familiarity with the surrounding case material can be expected to provide greater consistency in the decision-making process and should bring with it the advantage to the litigants of a more predictable outcome of the proceedings Consistency in 129 See more: ―IP International Survey of Specialised Intellectual Property Courts and Tribunals, 2007‖ Available at: http://www.ibanet.org/Search/Default.aspx?q=IP%20court (Last visited 21 July 2014) 63 decision- making is of extreme importance Inconsistency in decision-making leads to a lack of confidence in the system and court authority will diminish IP courts are more able to keep up with new IP issues and laws Specific training in IP issues is more attainable as expertise and resources are concentrated within the judiciary Creation of a corpus of specialist advocates The creation of a specialist court, provided that it has a sufficient volume of work, can be expected to be accompanied by the development of a body of specialist advocates They will either be in existence at the time when the court is created or they can be expected to evolve to meet the needs of the court (ii) Effectiveness Quicker and more effective decision-making process The time that otherwise would be lost in dealing with aspects of the case in order to educate the judge will be saved, thereby shortening hearings and reducing costs for litigants, courts and administrative staff Specialization theoretically reduces delay because judges become familiar with the case patterns and the legal issues raised by the cases before them Judges who hear the same types of cases regularly come to recognize fact patterns and issues more quickly and accurately than those who encounter cases only occasionally As a result, they can control the lawyers more easily, see possibilities for settlement, and write better decisions Their increased opportunity to see trends may also put them in a better position than judges who see a mix of cases to develop the law to suit evolving conditions Better understanding of IP issues by judges Establishment of rules and procedures that are unique to IP issues in nature, i e appointing associate judges or assessors to assist and provide technical knowledge Reducing risk of judicial errors, which contributes to the effectiveness of the administration of justice Reducing caseload Specialist courts reduce the caseload of overburdened generalist courts If a rash of cases in a specialist field emerges at a particular time, or if, for example, there is new legislation in the particular field requiring thorough interpretation by the court, then the specialist court will relieve the general court of this burden and thereby ensure that the stream of litigation is not impeded (iii) Efficiency IP courts are more likely to manage the challenges of complex IP cases more efficiently and more precisely Appeals may be made directly to the highest court, by passing the court of appeal 64 More cost-effective due to efficiency and faster adjudication of cases As many IP rights have acquired a multinational aspect, judicial cognizance of judicial findings in other jurisdictions may be recognized and relied on by specialized IP courts while generally not permitted in general courts Court proceedings may be shortened as exhibits and experts may be unnecessary  In conclusion, the specialized IP court will have positive effectiveness on resolving the IP infringements in overall and the infringement between trademark and trade name in particular 65 CONCLUSION The conflict of rights between trademarks and trade names is unavoidable in protection This conflict makes an increase in hazards of infringement between trademark and trade name Therefore, it is essential to recognize, diminish and resolve this issue to protect the benefits of right holders In this thesis, the author illustrates an in-depth analysis of below aspects: Firstly, the thesis provides basic knowledge of trademarks and trade names, mechanism of trademark and trade name protection in relation and conflict of rights between two these concepts in Vietnamese law and the EU law simultaneously in Chapter Handling the trademark and trade name right as two separate objects of IP right Secondly, in Chapter 2, the author focus on analyzing infringements, cases, legal issues between trademarks and trade names in legal practice in order to point out some major disadvantages in both Vietnam and the EU Finally, the author proposes specific amendments, supplements of IP law, Enterprise law, Decree 43/2010NĐ-CP… as well as improving the quality of protection in practice of authority agencies or establishing the IP court One of the most crucial protection depends on the commitment of trademark and trade name owners searching the trademark, names of business databases before registering, which plays a fundamental role of diminishing infringements Back to situation of Vietnam, there are approximate adequate regulation governing these legal issues However, in fact, the infringements between trademarks and trade names are still rising and violating the rights of owners of trademarks or trade names Reasons of these infringements proceed from the enforcement of these right in practice The legislations are several but they are not clear as well as not embracing all subjects of infringements Besides, there is a lack of cooperation between agencies in protecting the rights and resolving the infringements; in addition, the low-quality of experts, judges, arbitrators of Intellectual property make obstacles on reality… 66 It is necessary to carry out measure namely, improving legal regulations and enforcement simultaneously to diminish and reject the infringements between trademarks and trade names The author is of opinion that the sooner above mentioned proposals are put into action, the more rapidly violation, infringements arising from the conflict of right between trademark and trade name protection will be reduced 67 BIBLIOGRAPHY I Legal documents Legal documents of the Socialist Republic of Vietnam 10 11 12 13 Constitution of the Socialist Republic of Vietnam 2013 Civil code 1995; Civil code 2005; Law on Enterprises 2005; Law on Intellectual property right No 50/2005/QH11 (Revised 2009); Decree 197/HĐBT date 14th December 1982 and be guided by Circular 1134/SC dated 17th October 1991; Decree 103/2006/NĐ-CP, detailing and guiding the Implementation of a 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Charis Vale, Han Le “Preventing trade name infringement in Vietnam” in Inhouse lawyers magazine V Internet Vietnamese 69 Ministry of Justice's portal of Vietnam: http://www.moj.gov.vn/Pages/home.aspx 70 Ministry of science and technology of Vietnam: http://www.most.gov.vn/ 71 National office of Intellectual property website of Vietnam: http://iplib.noip.gov.vn/WebUI/WSearch.php 72 http://luatminhkhue.vn/nhan-hieu/mot-so-van-de-ve-dinh-gia-nhan-hieu-.aspx 73 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 74 http://www.vcci.com.vn/phap-luat/20110110040111542/phat-vincon-vi-xampham-nhan-hieu-vincom-mo-ra-tien-le.htm 75 http://dddn.com.vn/chuyenmuckhac/thuong-hieu-nhua-binh-minh-bi-xampham-co-quan-quan-ly-mau-thuan-20080925110452368.htm 76 http://thanhtra.most.gov.vn/vi/cac-bai-nghien-cuu-shtt/x-ly-xam-ph-m-quy-n-sh-u-tri-tu-b-ng-bi-n-phap-dan-s-t-i-vi-t-nam-th-c-ti-n-phap-lu-t-va-d-xu-thoan-thi-n English 77 Case-law of the EU‘s Court of Justice: http://curia.europa.eu/juris/recherche.jsf?language=en 78 Council of Europe: http://hub.coe.int/ 79 EU legislations: http://eur-lex.europa.eu/homepage.html 80 International Chamber of Commerce: http://iccwbo.org/ 81 Internet Corporation for Assigned Names and Numbers: https://www.icann.org/ 82 http://www.iip.or.jp/e/e_publication/ono/ch2.pdf 83 Legislation of The UK: http://www.legislation.gov.uk/ 84 http://curia.europa.eu/juris/liste.jsf?num=C-283/01 85 Office for Harmonization in the Internal Market (OHIM; Spanish: OAMI): https://oami.europa.eu/ohimportal/vi/route-to-registration 86 http://www.smhllaw.com/articles/ 87 http://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1405499767847&uri=CELEX:62001CJ0023 88 http://www.inhouselawyer.co.uk/index.php/intellectual-property/8175preventing-trade-name-infringement-in-vietnam 89 WIPO: http://www.wipo.int/portal/en/index.html 90 World Trade Organization: http://wto.org/ APPENDIX