MINISTRY OF EDUCATION MINISTRY OF JUSTICE AND TRAINING HANOILAW UNIVERSITY LE MINH TRANG TRADEMARK PROTECTION IN ELECTRONIC COMMERCE UNDER EUROPEAN UNION LAW AND RECOMMENDATIONS FOR VIETNAM MASTER OF LAW DISSERTATION (Applied Program) Hanei, 2022 MINISTRY OF EDUCATION MINISTRY OF JUSTICE AND TRAINING HANOILAW UNIVERSITY LE MINH TRANG TRADEMARK PROTECTION IN ELECTRONIC COMMERCE UNDER EUROPEAN UNION LAW AND. RECOMMENDATIONS FOR VIETNAM. MASTER OF LAW DISSERTATION ‘Major: International Law Code: 8380108 SUPERVISOR Assoc Prof Dr. NGUYEN BA BINH Hanoi, 2022 ii STATEMENT OF AUTHORSHIP Thereby state that this dissertation is my original work The references and data used in this dissertation are accurate and trushworthy / Approval of Supervisor Author of Dissertation Assoc.
Nguyen Ba Binh iit LIST OF ABBREVIATIONS AFA Application for Action Astide CEU Court of Justice of European EU European Union EVFTA European Union ~ Vietnam Free Trade Agreement ICANN Intemet Corporation for Assigned Names and Numbers P Intellectual Property ISPs Internet Service Providers MLEC Model Law on Electronic Commerce Page para. Paragraph TRIS Trade-Related Aspects of Intellectual Property Rights UDRP Uniform Domain Name Dispute Resolution Policy UNCITRAL United Nations Commission on Intemational Trade WIPO ‘World Intellectual Property Organization ‘World Trade Organization w Title page. STATEMENT OF AUTHORSHIP. LIST OF ABBREVIATIONS SbmiEp TABLE OF CONTENTS.
Necessity of the Research 2. Subject and scope of the research. Subjects of the research. Scope of the research.
4, Research methodologies and methods s. Objectives and tasks of the research. Scientific and practical significance of the research. Structure of the dissertation.
CHAPTER 1: OVERVIEW ON TRADEMARK PROTECTION ELECTRONIC COMMERCE 11. LLL Trademark definition and trademarkprotection’s significance. Trademark right infringemert. The linkage between trademark protection and electronic commerce .1, Electronic conmerce definition.
Trademark protection in electronic conaherce. ---25 CHAPTER 2: THE MAIN CONTENTS OF TRADEMARK PROTECTION IN ELECTRONIC COMMERCE UNDER EUROPEAN UNION LAW.1, Trademark right acquisition. Trademarkprotection methods in electronic commerce. Trademark infringement in electronic commerce lt 23.
Contributory infringement via online intermediaries. AB CHAPTER 3: TRADEMARK PROTECTION IN ELECTRONIC COMMERCE IN VIETNAM AND RECOMMENDATIONS FOR VIETNAM. Trademark right acquisition. Trademarkprotection methods in electronic cornmerce.1 Self-protecting methods.
Recommendations for enhancement of trademark protection in electronic commerce. Practice of trademark infringement in electronic commerce. CONCLUSION BIBLIOGRAPHY INTRODUCTION 1. Necessity of the Research Even though tangible assets are early recognized, in the last couple of decades, intellectual properties have been showing their significance.
In some aspects, when the intangible properties are becoming more developed, the value gained from them proliferates and this phenomenon got to a point where these assets are sometimes much more valuable than tangible assets. While intellectual property (IP) can be referred to as industrial property and to copyright and related rights’, IP law is established to protect human mind creation. This is why most countries in the world enhance their ability to implement IP law. On grander scale, multilateral and bilateral agreements have created intemational legal frameworks on IP sights.
Even regional agreements are also encouraged to include IP rules. This assists countries in achieving sustainable development as well as harmonization between their domestic legal systems with intemational IP standards. It is even more urging to build such a system due to the advanced technologies. The storm ofthe internet has fueled dramatic developments for the new digital communications and economy.
Intemnet makes a great impact on many aspects of intellectual property rights, and one of the ways is via electronic commerce. E-commerce is a new way to promote socio-economic, drawing us close to modemity and convenience, but it also introduces different problems on IP nights, such as infringements. The intemet is compared to the movement of weather within the global climate, and it ignores distinctions based on territorial borders. Instead, infrastructure, code and language have thus far hada greater bearing on the reach of its currents” As the intemet began to be expanded to the commercial environment, it ‘made communication for fast-forwarding and information exchange at ease Inftinging goods and services are ubiquitous and have become a challenging Werk Eieleehal Propety Orgaizatin (WIPO), Suall and Medina Sind Breyrists Divison, pealecmal Property kanes Reltedto Become Coumerce,p3.
‘Wer Sa Tectal Property Orguiation (WIPO) C000), Pramer on Tecrontc Commerce ut buen rope Banei,pra.37 task to prevent. Therefore, intellectual property rights in general, particularly industrial property rights for trademarks need to be protected in this digital environment. In Vietnam, where e-commerce exchanges are developing drastically, it is necessary to protect trademarks with a legal framework. This dissertation will analyze, from the perspective ofa prominent jurisdiction in the world, the European Union, how this Union built its legal system for trademark protection in e-commerce and the implementation of the regulations in practice 2.1, Domestic researches Within the domestic scope, many pieces of research were conducted regarding IP law and e-commerce separately.
However, the one that focuses on these two in a relationship with each other has not been highlighted enough One of the most prominent researches to be found was the University Scientific Research named “Bao Ve Quyen So Hha Tri Tue trong Thuong Mat Dien Tu — Kinh Nghtem Quoc Te va Hoan Thien Phap Luat o Viet Nam [intellectual Property Right Protection in Electronic commerce — International Experience and Improve Vietnam Law] by Nguyen Quynh Trang and others, 2019, Hanoi Law University. This paper consists of 5 chapters addressing all categories of IP rights in e-commerce such as copyright and related rights and industrial property rights. Since the research covers such wide range of issues, it gives the most general definitions on IP rights and e-commerce. Simultaneously, it offers insights on the legal framework and practice in other countries on this matter and concludes with recommendations for Vietnam However, this research mainly focuses on the ‘most common IP subjects in e-commerce which are copyright and patent Further, since it focuses on all aspects of IP law, it has not been comprehensive enough on trademark matters in e-commerce and in EU One other paper on IP rights in e-commerce is the “Phap iuat ve bao ho 30 jun tr he trong mot truong thuong mat dien tu: Tu time tien cua Viet Nam den kinh nghiem mot so nưoc ” [Law on intellectual property protection tr e- commerce environment: From Vietnam's practice to other nations experience] by Manh Thuat and Van Chien, 2021, Legal Joumal?.
This article provides statistics on the number of infringing cases with the highlight ofa particular case conceming the e-commerce platform owner Lazada. It also raises some practical problems of intellectual property in e-commerce Accordingly, the article assessing the current law of Vietnam is not keeping up with reality. However, the article also stops at the level of assessing the ‘most basic issues without going into the issue of trademark protection in e- commerce. In addition, methods adopted by other countries such as China, India and the European Union are also mentioned but not analyzed thoroughly.
Along with this research, there are articles specially made on IP infringements such as “Bot thuong tiiet hat dimh truoc do xam pham quyen so Jnut tri tue theo phap Inat Viet Neon: Mot so van de dat ra va giai phap hoan thien” [Compensation regardmg ttellectual property right inftingement under Vietnam law: Issues and solutions for enhancement] by Hoang Van Thang, 2020, The State and Law and “Hanh vi xam phươn quyen tac gta theo phap inat so ina trí tue Viet Nam’ [Copyright inftingements wider Vietnam Jaw] by Nguyen Phuong Thao, 2018, Legal Studies Joumal no. Even though the articles analyzed both domestic law and intemational agreements, IP infringement and compensation are more outstanding Other than these, there are also many more domestic researches on IP matter and e-commerce in general but there has not been any paper essentially analyzing EU law systems on trademark protection in e-commerce to provide recommendation for Vietnam, 2.2, Foreign researches Intellectual property rights are also an issue that has been developed and, concemed for a long time in the world In addition to national legislation, Ue yh bao conecong an saat din natn te s88 vi bon ko nghssot co anor 30S0U ben), at acest: Angne 18,2022 intemational organizations have also developed a legal framework to regulate this issue Regarding intellectual property rights in e-commerce, many scholars have given their views. Specifically, WIPO, a large organization, also publishes publications analyzing this issue such as “Intellectual Property Issues Related to Electronic Commerce”. However, the publications are for reference only, guiding the approach to the issue without specific analysis and opinions Furthermore, there are articles by individuals analyzing trademark and e- commerce such as the Comment “Convergence of Trademark Law and E- Commerce: Overview of US.
EU and China Regulations on Trademarks and Domain Names” by Goce Naumovsli & Dimitri Chapkanov, 2014. This study focuses on three major regions, the US, China and the EU. The article deals with the legal systems of these countries and outlines the possibilities of trademark and domain name infringement. In addition to that, research papers often focus on trademark infringement issues such as “Keyword Advertising and Buropen Trade Mark Law” by Charles Gielen, NautaDutilh NV or “Liability jor Trademark Infringement for Internet Service Providers” by Katja Weckstrom, 2009 University of Turlu, Finland, or “Practical Trademark Protection on the Net” by Cynthia L.
The articles analyze trademark infringements by explaining in detail the concepts and analyzing case law in the world. These are research studies that have contributed but have not been concretized related to EU and Vietnamese laws. Furthermore, the development of IP law has brought new issues to the practice, therefore, more updated researches are required Intemational-wide, WIPO publishes yearly reports to reflecting statistics, regarding intellectual property filings in practice around the world, namely the latest “IVIPO (2021), World Intellectual Property Indicators 2021". This report not only shows the current number of applications, but also underlines the important role of IP along with the trends of the years ahead.
Defining future direction will guide policymakers and practitioners to develop a sustainable economy while enhancing innovations and creativities In the EU, the EUIPO also publishes annual reports indicating its activities within the years. The latest version is the “Consolidated Annual Activity Report 2021", Similar to WIPO's reports, it mainly focuses on the statistics ofIP filings within the Union. The EUIPO even has a more specific report relating IP infringement which is the "2020 Status Report on IPR Infringement" This report particularly analyzes the value of IP rights and howit can be used in bad faith via counterfeiting and piracy. Subject and scope of the research 3.
Subjects of the research ‘The main subject ofthis research is the EU law on trademark matter in e- commerce. The research also focuses on the practice of trademark within the EU to draw out some lessons and recommendations for Vietnamese law and practice 3. Scope of the research Regarding the substance of the research, it covers three aspects trademark protection in e-commerce under EU law, trademark protection in e- commerce in Vieam and taking EU's experience as an example, the dissertation deduces recommendations for Vietnam. The source of law for this paper is EU's legal acts being applied through out the whole territory of all EU's member states including regulations, directives, decisions, recommendations, opinions and other acts.
Each member states’ domestic law ‘will not be taken into consideration within the scope of this paper Regarding the scope of space, the research mainly covers the EU and Vietnam territories. Further, for providing more reliable arguments, the research also stretches its scope out to other nations such as the US and China ˆ EU (2020), 2070 See Report on PR Đựnhgưne, Why TP Piges we hụt, IR nữ ngư, and the fight apust comtafehing amd pracy See a: lớp/euposgmsvhuuek T9blsoEtAptbdsrigtei8eotuaog. Same Bepat on DE af ‘Eugen /090_ Same Report oh, DR xem sp, lụt accessed: Agar 18,2022 Regarding the scope oftime, the dissertation studies the period of time from 2005 to the present.