13052022 Issue No. 1 Newsletter May 2022 Letterhead (blue) (long form) (clean)

Hanoi Office: 5th Fl., Charmvit Tower, 117 Tran Duy Hung Str., Cau Giay Dist., Hanoi 100000, Vietnam Phone: (+84) 2437472500 / 2437472507 | Fax: (+84) 2437472504 | Email: [email protected] HCM City Office: No. 31, Han Thuyen Str., Ben Nghe Wd., Dist. 1, Ho Chi Minh City 700000, Vietnam A. NEW REGULATIONS 1. On sanctioning administrative violations in Intellectual Property (IP) 02 amended decrees (Decree No. 99/2013/ND-CP and No. 119/2017/ND-CP) shed light on the roles, tasks, and competencies of the market surveillance authorities (MSA). The first degree regulates the scope of adjustment and demonstrates an increase in fines levels. On top of that, the second one stipulates sanctioned subjects of violations. Regulations on sanctioning administrative violations are under the Law No. 67/2020/QH14. • Decree No. 99 has supplemented regulations on the scope of adjustment for: o administrative violations; o sanctioning forms and levels, remedial measures; o procedures for filing requests for the handling of violations; o sanctioned subjects; competence and procedures for settling requests for the handling of violations; o competence to make administrative violation records, sanctioning competence, specific fine levels for each title; o the implementation of administrative sanction forms, and remedial measures in IP. • Decree No. 99 stipulates sanctioned subjects of administrative violations and expresses the upward trends of the fine for several violations: Previous fines New fines Acts VND500,000 VND10,000,000 Providing wrongful indications on objects or elements subject to IP (USD21.78) and (USD435.60) rights protection, IP rights holders, and authors of inventions, VND1,000,000 and industrial designs or layout designs; Providing wrongful indications (USD43.56) VND20,000,000 on the legal status and scope of protection of IP rights (USD871.19) VND5,000,000 VND15,000,000 Failing to deliver protection titles, documents proving IP rights, (USD 217.80) and (USD 653.40) certificates and other decisions to the authorized representative in VND10,000,000 and time limit prescribed by law without any plausible reason; (USD435.60) VND30,000,000 Modifying or falsifying contents of IP representation (service) (USD 1306.79) practice certificates; etc. • Decree No. 119 amends and supplements some titles with sanctioning competence under regulations on sanctioning administrative violations under the Law No. 67, specifically: o The Decree has abolished regulations such as regulations on maximum fines, organizations subject to administrative sanctions (Article 3.3c); regulation conformity (Article 19.3 and 19.5); conformity assessment (Article 21.1); acts of trading goods with counterfeit labels; producing goods with counterfeit labels (Article 31.5 and 31.6), use of barcodes (Article 32.1). o The Decree adds a sanction of deprivation of the right to use licenses or practice certificates from 1 month to 3 months for the following acts: “Trading goods with labels bearing images, drawings, writing, signs, symbols, medals, prizes and other FULL IP SERVICES IN ASEAN COUNTRIES 1

information false in nature or about such goods; labels presenting images, contents related to sovereignty disputes and other sensitive contents that may affect security, politics; …labels or sub-labels have been erased or modified to falsify information about goods; fraud on the expiry date of goods on the label; and trading goods that must have labels under regulations but do not have them; display insufficiently or incorrectly mandatory information on the goods labels, or the mandatory information being changed (Article 31.4). Source: The Hanoi Market Surveillance Department (MSD) 2. On mandatory information displayed on goods labels The Government issued Decree No. 111/2021/ND-CP, which took effect on February 15, 2022. The Decree stipulates compulsory information presenting on labels such as a name and address of the products and manufacturers/ a responsible entity; origins; some contents based on their characteristics. Mandatory information (Art. 1.5): 1. Label of goods circulated in Vietnam shall present the following contents: name of the goods; name and address of the organization or individual responsible for them; their origins; other mandatory contents according to the characteristics of each type of goods. All are written in Vietnamese. The goods having the characteristics of multiple categories shall depend on their primary use. If the surface area of the goods is not enough, it is a priority for the three first pieces of information. The booklet would show the last one. 2. For imported goods into Vietnam following customs clearance procedures, their name and origin and the name of the manufacturer(s) are required to write on their original label. 3. Labeling for exports shall be presented under the law of the importing country. On name and address of a responsible entity (Art. 1.6) The responsible entity can be: • The manufacturer, the importer for goods imported for circulation in Vietnam • The owner and those of the registration number holder or the import license holder for goods being medical equipment manufactured or imported for circulation in Vietnam On origins of the goods (Art.1.7) FULL IP SERVICES IN ASEAN COUNTRIES 2

For unknown origin of goods, it is guided to write a place where the last stage of finishing the goods performed. It shall present one or a combination of phrase(s) to show the place as follows: “assembled in”, “bottled in”, “blended in”, “completed in”, “packed in”, “labeled in”. A list of categories of the characteristics of goods introduced Categories are food, foodstuff, health supplements, genetically modified food, drinks (excluding alcoholic drinks): Instructions for use and storage; Alcoholic drinks; Tobacco; Food additives, processing aids; Micronutrients; Food materials. It is interesting to note that quantity, date of manufacture, and warnings are compulsory in almost all cases. Source: MSD 3. Statute of limitations for administrative sanctions against copyright infringement Vietnam Government promulgated Decree No. 129/2021/ND-CP (Degree 129), which took effect on January 1, 2022. The statute of limitations is 2 years, from a point in time when the violation either is detected or stops. Alternatively, it is as the state agencies issue their decision on sanctioning. Otherwise, it is when the act of shirking or obstructing the sanctioning terminates if the violators do. The Decree is the regulation detailing and guiding the limitation issue as stipulated by Article 6.1a of the Law on Handling of Administrative Violations. According to this, the statute is 2 years counted from the time as follows: An in-progress administrative violation When the violation is detected by the competent person on duty. A completed administrative violation When the violation stops A decision on sanctioning administrative violations When issuing the decision transferred by procedure-conducting agencies Violators intentionally shirking or obstructing the When the act of shirking or obstructing the sanctioning sanction stops. The Decree also supplements regulations on in-progress and completed administrative violations. Source: MSD FULL IP SERVICES IN ASEAN COUNTRIES 3

B. IP EVENTS & ACTIVITIES 1. DAV: Detection of two suspected counterfeit medicines for cancer and blood clot Warning counterfeit medicines for cancer and blood clot treatment, the Drug Administration of Vietnam (DAV) under the Ministry of Health issued an official dispatch. It informed the detection of drug samples labeled Stivarga 40mg and Xarelto 10mg/15mg/20mg. The role of a Law Firm According to official dispatches, the DAV has received letters from a Law Firm (authorized by Bayer IP GmbH) providing information and a report on the detection of suspected counterfeit medical products. Details of the products (film kapli tablet, Regorafenib) Bayer Türk Kimya San. Ltd. Şti • Stivarga 40mg; Parti No.: BXJL3D1; Son Kull. Ta.: 4-2024 Authentic and suspected counterfeit drugs • Xarelto 10mg; Parti No.: 9LB04017; Son Kull. Ta.: 4-2022 • Xarelto 15mg; Parti No.: BLB02500; Son Kull. Ta.: 3-2024 • Xarelto 20mg; Parti No.: ALB08020; Son Kull. Ta.: 11-2023 Authentic and suspected counterfeit drugs 2 FULL IP SERVICES IN ASEAN COUNTRIES

Suspected counterfeit drugs were found on the market and some websites such as https://healthyungthu.com, https://nhathuoclp.com, and https://thuocdactrigan.com. The above products bear different signs compared to the corresponding drug samples Stivarga 40mg, Xarelto 10mg/15mg/20mg manufactured by Bayer AG, imported and distributed by Bayer Vietnam Ltd. and Branch of Zuellig Pharma Vietnam Ltd. The DAV’s reactions To ensure consumer safety, the DAV provided some recommendations. • Firstly, provincial and municipal Health Departments and Bayer AG need to notify establishments that trade and use medicines. The notification relates to the characteristics and distinguishing signs between a suspected counterfeit drug and an authentic drug. • Secondly, the DAV has requested the Departments of Health to coordinate with the media. It aims at informing medicine-related businesses and the general public to avoid selling or using counterfeit products labeled above. • Thirdly, the manufacturer (Bayer AG) or the drug registration facility shall provide relevant profiles and documents and report directly to the DAV. Information about authentic and suspected counterfeit drugs provided by the DAV. Other information • Stivarga contains the active ingredient Regorafenib to treat colon, rectal, liver cancer and cancer of some digestive organs. Through its mechanism, it could slow down and stop the growth of cancer cells. FULL IP SERVICES IN ASEAN COUNTRIES 3

• Xarelto is for the treatment and prevention of thrombosis. The drug blocks clotting factors and thus reduces the tendency of clot formation. Source: Health & Life newspaper (the Ministry of Health) 2. Kien Giang collected nearly VND1,4 billion for state budget revenues in Q1 2022 In the first quarter of 2022, the Kien Giang Department of Market Surveillance (MSD) inspected 244 cases, detected and handled 46 violations, collected VND1,399,458,000 (USD60979.52) in state budget revenues, counted 685 establishments, and promoted 955 signed commitments against trade in prohibited and smuggled goods, goods of unknown origin or infringing intellectual property (IP) rights, etc. Kien Giang experienced stability in the market Cross-border anti-smuggling activities in the province have been well controlled. In the domestic market, the illicit trade of prohibited and smuggled goods persists in a small and scattered manner. Some specific first-quarter results are better than those of the same period last year The Department has actively and proactively implemented the tasks assigned. • 244 cases were inspected, a reduction of 56 cases (53%) over the same period last year. • 46 administrative violation cases, a drop of 68 cases (60%) • Total fines were down VND957,585,000 (USD41709.34) (40%). • The sale of confiscated goods made VND102,650,000 (USD4471.11) of which VND46,150,000 (USD2010.15) went to the central budget and VND56,500,000 (USD2460.96) to the local budget. • Statistics of 685 establishments, up 256 establishments (59%). • Signed commitments of 955 copies, up 167 copies (21%). The violation cases inspected, detected and handled Number A total fine Other information of cases Confiscating 1,200 packs of Prohibited and smuggled goods 06 VND101,250,000 cigarettes, 207 units of vehicle spare (USD4410.13) parts, and others FULL IP SERVICES IN ASEAN COUNTRIES 2

Counterfeit goods, goods 01 VND16,000,000 violating the IP law 13 (USD696.91) Violations in business VND190,100,000 (USD8280.89) Labelling violations 19 A total value of infringing goods: VND176,675,000 VND771,766,000 (USD33615.66) (USD7696.09) Other violations 05 VND1,042,000,000 A total value of infringing goods: (USD45386.19) VND5,910,000 (USD257.42) Final words • In the second quarter, the MSD could perform well in its tasks to combat smuggling, commercial fraud, and counterfeit goods. • Affiliated MS Teams keep coordinating with functional forces to supervise petrol and oil trading establishments. • They step up anti-smuggling efforts for smuggled cigarettes, sugar, fertilizers, pesticides, and medical equipment for Covid-19 prevention. Source: MSD 3. An Giang: Caught red-handed a large number of trademark counterfeit and smuggled goods On March 29, 2022, at National Highway 91, An Giang province, the Market Surveillance Team (MST) No. 1 inspected and seized more than 8,000 trademark counterfeit and smuggled goods of over VND180 million (USD7846.06). The MST No. 1 cooperated with the An Giang inter-agency and anti-smuggling force in inspecting the truck driven by Mai Chi Bang (born in 1989, living in An Giang province) from Ho Chi Minh City to An Giang. The truck contained counterfeit and smuggled goods of over VND180 million (USD7846.06), including: • 2,000 T-shirts of suspected counterfeit Adidas trademark; • 4,500 packages of skin whitening bath powder of unknown origin; • 1,200 jars of exfoliating cream made in Thailand; • 500 pairs of shorts made in Cambodia. MST No. 1 temporarily seized all goods for further clarification and handling. FULL IP SERVICES IN ASEAN COUNTRIES 3

Goods with suspected counterfeit trademarks (Picture: MST No. 1) Skin whitening bath powder Seal of exhibits Source: MSD 4. Extend the Patent Prosecution Highway pilot program (PPH Program) until 2025 FULL IP SERVICES IN ASEAN COUNTRIES 2

After completing phase 2, the Intellectual Property Office of Vietnam (VNIPO) and the Japan Patent Office (JPO) have been piloting phase 3 (3 years) of the PPH Program. Annually, the two offices exchanges annually 200 requests having particular guidelines and forms. During phase 3, exchange activities are as below: - VNIPO receives 200 PPH requests per year for JPO-originated applications that meet conditions specified in the Guidelines (English version/Vietnamese version). Request form for PPH to the VNIPO. - The JPO also receives 200 PPH requests per year for VNIPO-originated applications that meet conditions specified in the Guidelines (English version/Vietnamese version). Request form for PPH to the JPO. Source: VNIPO 5. Hanoi: Break down the facility producing tens of thousands of fake phone chargers Market Surveillance Team (MST) No. 1 and No. 13 collaborated to inspect a facility in Hanoi, confiscating 11,200 counterfeit phone and iPad charger products. They are made of old damaged boards and charging cases, assembled to create authentic phone chargers, which exposes buyers to fire and explosion risks. A facility of Duc Hai establishment The MST No. 1 and No. 13 worked with the Hanoi MSD to conduct an unexpected inspection at a phone accessories trading establishment at 141 Lac Long Quan street, Nghia Do ward, Cau Giay district, Hanoi. The violator All of the boards and charging cases are widely bought and sold on Facebook groups or through e-commerce platforms, according to Mr. Nguyen Ngoc Thang (born in 1983), the proprietor of the aforementioned business. He made a significant profit, to be specific, after converting old boards of VND100,000/kg into legitimate phone chargers. Details of the products During the MST’s unexpected examination, the Hanoi MSD discovered that it assembled and processed tens of thousands of products bearing the Samsung trademark, such as phone chargers and iPads with components of unknown origin. FULL IP SERVICES IN ASEAN COUNTRIES 3

A charging board made of old and damaged components is placed in a new charging case and pressed with a plastic cap. This method prevents consumers from opening the charging case's cover and discovering the patchwork and manual circuits inside. The Hanoi MSD has seized 11,265 charging products of various types through the counting process, all of which are goods of unknown origin and counterfeit Samsung trademark goods. Various boards, charging cases, and old damaged components obtained from scrap are imported by the owner, separated to get components, and then assembled to make fake chargers despite rudimentary and simple machines. Risks of clients Consumers are undoubtedly at risk of fire and explosion with fake chargers, which are even dangerous for authentic phones. The authorities are handling the case by the law. Source: Journal of IP and Creativity 6. Notice of Visual Identity Kit for World Intellectual Property Day 2022 Intellectual Property Office of Vietnam (VNIPO) would like to introduce the Visual Identity Kit for World Intellectual Property Day 2022. FULL IP SERVICES IN ASEAN COUNTRIES 2

To promote World IP Day 2022, VNIPO would like to introduce the following Kit for the use of relevant agencies and units. The Kit can be downloaded here. Source: VNIPO FULL IP SERVICES IN ASEAN COUNTRIES 3

C. CASES & MATERIALS 1. Evidence-based approaches from the \"Tam Mao brothers\" YouTubers. “Tam Mao TV” received an email from YouTube notifying their copyright infringement as another registrant had registered their channel name. Accordingly, this YouTube channel faced the risk of being suspended or even permanently deleted. Their stories could serve as evidence- based instructions to YouTubers: register a trademark soon and do not “lock the stable door after the horse is stolen”. An inspiring story… The YouTube channel \"Tam Mao TV\" opened in September 2018. The Brothers launched the channel and posted their first video (the video of round, square, and triangle haircut styles). From that first video, it was eligible for monetization. After that, the Youtube stars have been achieving great success, as evidenced by the silver and gold Youtube buttons. YouTube sent an email with a congratulatory letter confirming one million subscribers. Yeah1 Network then announced on its fan page. The content of the announcement and congratulatory letter mentions the \"Tam Mao TV\" mark. For 2 years, a tax payment of over VND 200 million (USD 8,711.00) The Brothers hold the certified government tax receipts and a full income declaration from the YouTube channel. The receipts and declaration show that the two brothers paid a sum of VND214,160,000 into the budget between October 2018 and August 14, 2020. Their opinion is that if the trademark registration is objected, some Youtube channels shutting down will cause the government to lose an amount of tax revenue. Self-signed certificate of tax payment into the state budget of YouTube channel Tam Mao TV Late registration due to a lack of knowledge? The Brothers both started as amateurs, tinkering together to try to make youtube. In other words, their knowledge of trademarks, in particular, and copyright, in general, is still quite rudimentary. Initially, they did NOT know that we needed to register the \"Tam Mao TV\" trademark. Till 2020, registering a trademark for Tam Mao TV’s green tea powder, they were advised to register for the YouTube channel \"Tam Mao TV\" to avoid the possibility of losing the channel. After that, they learned that someone registered the \"Tam Mao TV\" trademark before them. Although they questioned why the third party registered the same mark at the time, they ignored it a few days later. FULL IP SERVICES IN ASEAN COUNTRIES 2

As for Tam Mao TV’s green tea powder, they determined to register it because they were afraid of it being counterfeited. However, it is only allowed to register for beauty products and beverages. The \"Tam Mao TV\" trademark has already been registered by ASM Media and Technology Co., Ltd (ASM Company) for media, entertainment, and cinema. Due to their superficial knowledge, they even didn't think of filing a complaint with them. A marketing strategy to promote a new project? Tam Mao Brothers confessed that they never thought of making a drama for the sake of fame or planning tricks to promote the channel. Following the incident, the Brothers and ASM Company exchanged emails. The Brothers only would like to negotiate to quickly purchase the trademark and keep the channel. Unfortunately, the negotiation was impossible. Hence, they filed a complaint to reclaim the \"Tam Mao TV\" trademark. What if losing the lawsuit and can't get the trademark back? The Brothers once thought about negotiating if losing the lawsuit. However, they decided not to change the channel name or negotiate to buy back the trademark. Instead, they will start a new YouTube channel (T&M Brothers). Tam Mao is represented by two letters (T and M). After this incident, they have gained profound lessons and experiences, so we have already registered for for the new channel (T&M Brothers). Why do they accept to let the channel die even though they worked so hard to build it The Brothers have taken a lot of sweat and effort to build up but in the verge of losing. They considered this incident a lesson, as a wake-up call for YouTubers in particular and other social networks in general, to be aware of and avoid such unfortunate events as theirs. Lesson 1: Reclaim the “Tam Mao TV” trademark- Provide proof of legal ownership There is good news from the VNIPO that they have sent a notice to request ASM Company to comment on our request to annul/revoke the validity of the trademark certificate on May 11, 2021. They can reclaim their channel and trademark if ASM Company cannot provide proof of legal ownership. However, the situation remains complicated for them. Dispatch from the VNIPO to ASM Lesson 2: For content creators on YouTube: registers a trademark at first The Brothers didn't have any thoughts of consequences (loss of trademark, time, and economic impact) before. Having faced the risk of being suspended, even permanently deleted, the Brothers recommended that creators of YouTube channels consider a trademark registration in advance. In FULL IP SERVICES IN ASEAN COUNTRIES 3

today's fierce competition, do not lock the stable door after the horse is stolen and you now have to struggle to reclaim the trademark like our two brothers. Expectations for the dispute settlement results of the \"Tam Mao TV\" trademark and other channels bearing the words \"Tam Mao\" in the future? The Brothers have absolute faith, morality, and hope in Vietnamese law to reclaim the trademark. Besides, they wish for an amendment in the trademarks law. Thus, those who do not own the mark cannot register for protection. When the Tam Mao Brothers got caught up in this dispute, they reminded everyone to register for a trademark before a third party does - Law & Copyright reporter with the Brothers at the interview by Ky Anh-Vo Duc Source: IBLA FULL IP SERVICES IN ASEAN COUNTRIES 2

2. Lesson learned from the trademark dispute of two instant noodle brands The case of two instant noodle brands, Hao Hao and Hao Hang, has shown that trademark registration is crucial to every business if any dispute arises. This paper focuses on facts, their arguments, legal evaluation, discussion on root causes, and wisdom for enterprises. The packagings of two instant noodle brands, Hao Hao and Hao Hang Background In 2015, Acecook Vietnam Joint Stock Company (Acecook) discovered that a product of Asia Foods bearing the sign \"Hao Hang Noodle, Sour and Spicy Shrimp, device” showed signs of infringement for the trademark \"Hao Hao, Sour, and Spicy Shrimp Noodle, device\". The mark of Acecook is granted by the National Office of Intellectual Property (VNIPO) with Registration Certificate No. 62360 dated April 29, 2005. Specifically, Hao Hang’s typeface, noodle strings, the shape of the noodle bowl, and the primary color of the packaging create a likelihood of confusion (an overall confusingly similar to the Hao Hao noodle trademark). Given that the recent design of Hao Hang noodle is identical to that of Hao Hao, Acecook Vietnam decided to file a lawsuit against Asia Foods, requesting four issues: • Determining Asia Foods’ violation, • Terminating infringing acts, • Publishing a public apology in three issues, and • Compensating Acecook for damages. Acecook Vietnam then sent a notice to warn Asia Foods about the production and trade of infringing goods. Despite numerous attempts, the two parties failed to reach an agreement. At the first-instance trial/trial court, the People's Court of Binh Duong province declared that Asia Foods had infringed upon the industrial property rights of Acecook's trademark \"Hao Hao, Spicy and Sour Shrimp Noodle, device\". Therefore, the Court forced Asia Foods to stop the infringement and publish a public apology in three consecutive issues of Tuoi Tre Newspaper. However, on December 6, 2017, in an appellate trial, the High People's Court in HCMC stated that Asia Foods did NOT infringe on the industrial property rights of Acecook's trademark and rejected FULL IP SERVICES IN ASEAN COUNTRIES 3

the entire claim by Acecook Vietnam. They also suspended and noted Asia Foods’s voluntary non- reuse of the trademark \"Hao Hang Noodle, Sour and Spicy Shrimp, device\". The two bands’ arguments Asia Foods said that it immediately responded and expressed goodwill after receiving the notice from Acecook. Most importantly, the company ceased production (of the red and pink Hao Hang instant noodle packaging) and returned to the same red, yellow, and orange one as registered in 2006. Asia Foods has stopped producing the red and pink packaging (left) and returned to the red, yellow, and orange packaging (right) for Hao Hang sour and spicy shrimp flavored noodles. (Photo by Quynh Nhu) On the other hand, Acecook, believed that Asia Foods' actions were insufficient in light of the damages it had suffered over the past time. Despite the discontinuation of production, it was still on the market, confusing customers. Advertisements still broadcasted on many mass media channels. Furthermore, a media representative of Acecook emphasized that they would fight hard until Asia Foods publicly admitted its copyright infringement, and misleadness towards customers. Asia Foods had to recall and destroy infringing products as requested by Acecook. All products are registered by Acecook for trademark protection, including the noodle packaging. Each product line at Acecook has its own packaging design, which has helped identify and distinguish products for decades. For example, since its launch in 2000, the Hao Hao noodle line with its unique design has left an impression on consumers and helped them identify the products. Packaging design differs from one business to another one. Despite the same noodle flavors such as shrimp, chicken, or beef, each business has its own unique designs with various presentation and color tones depending on product lines and market segments. From a legal perspective Article 72 of the 2005 Law on Intellectual Property (IP), amended in 2009 stipulates: “General conditions for marks eligible for protection FULL IP SERVICES IN ASEAN COUNTRIES 2

A mark shall be protected when it satisfies the following conditions: 1. Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors; 2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.” Hence, the Hao Hao noodle trademark meets such conditions for trademark protection. In Clause 5, Article 73 of the Law on IP, amended and supplemented in 2009, it states that: “Signs not protected as marks are signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services”. Some experts in IP commented that if the holders of \"Hao Hang Noodle, Sour and Spicy Shrimp & device\" applied for registration, the VNIPO would likely reject them. This is because of the likelihood of confusion to the registered trademark \"Hao Hao, Sour, and Spicy Shrimp, device\" of Acecook. The dispute between Asia Foods and Acecook Vietnam has closed but leaves many concerns and unresolved questions. It gives Vietnamese businesses a great lesson. Discussion: The reasons behind the high frequency of IP infringements. Firstly, trademarks are identical to one currently protected and/or already submitted for the trademark registration application. There are cases violating this point as businesses/enterprises do not look up and survey from the start but automatically design according to their requirements, which often overlap with trademarks still under protection. These are likely to cause a dispute or damage the businesses if a lawsuit occurs. Secondly, knowledge of IP Management is limited. The \"unconscious\" infringement may stem from the unconscious influences of their sensory habits on their brand or trademark design as they expose to visual information of trademarks currently on the market. Besides, cases of intentional infringement by a few holders are not an exception. What should companies do to prevent disputes? Necessary measures to protect IP rights are crucial, and businesses take them now. Firstly, register for the IP protection The registration of protection for trademarks, designs, and the like is a prerequisite that all businesses, whether newly established or not, need to meet. FULL IP SERVICES IN ASEAN COUNTRIES 3

In a related dispute, the initial step for businesses is to prove that they are IP rights holders. If an entity did not register and establish ownership of its IP, there are absolutely no grounds to request a competent state agency to settle its interests. Secondly, be prepared and knowledgeable in the IP field Vietnamese businesses seem vague about IP, and low in a culture of respecting IP rights. Many enterprises do not understand firmly the current legal provisions on IP. Therefore, mastering intellectual property expertise could ensure sustainable business growth both within the country and in international markets. Only then will businesses take the initiative and handle cleverly in protecting their related interests and their reputation with the customers if a dispute arises. Thirdly, improve marketing campaigns for products and businesses According to the market survey in Vietnam, customers tend to listen to acquaintances rather than strangers. To be more accurate, Vietnamese often use products or trademarks that they already trust or those that appear more frequently: the higher the frequency, the higher the level of trust. For that reason, when a trademark is protected, the benefits are undoubtedly in product promotion. That serves as the primary distinction between similar products. Likewise, it informs consumers as to which products are genuine and counterfeited. Fourth, steer away from disputes that can be anticipated and controlled Litigation, in particular, costs not only money but also time, energy, intellect, business opportunities, reputation, and the like. As a result, avoiding disputes that we can predict and manage because, as entrepreneurs, we are always in desperate need of resources for their projects. A key is the registration to allow customers to distinguish between brands. After a registered trademark recognized by the VNIPO, other identical or similar trademarks would deem an infringement. Only when the rights and interests of businesses are protected will the society remain stable and progress. Source: IBLA FULL IP SERVICES IN ASEAN COUNTRIES 2