Case 1: 

"Strong Carbon Fiber" is an enterprise specializing in the research of carbon fiber

manufacturing and has invented a completely new carbon fiber manufacturing
process called: consolidation process ".
The company wants to license this advanced carbon fiber manufacturing process
around the world and produce products with this new technology called "Strong &
Light".

1. With a technological process, an enterprise can choose to protect it in the form

of a patent or a trade secret.
+ A patent is a technical solution in the form of a product or a process to solve a
specific problem by applying laws of nature.
+ Trade secret is information obtained from financial and intellectual investment,
which has not been disclosed and can be used in business.
- To give advice to a company whether to protect a new technology through a patent
or keep it as a trade secret, we should compare the advantages and disadvantages
of each type of protection:
Patent:
 Strengths:
o When a patent is granted, the owner will have the exclusive right to the
technology => prevent the use of the competitor
o Licensing is allowed
o Legal basis to exercise the right if a dispute arises
 Weakness:
o It takes quite long (18 months) to get the degree, which leads to the risk
of being stolen when waiting for the decisions to be made 
o Maintaining the filing fee for the patent is enormous
o Limited period of protection
o For some countries, compulsory licensing applies => not protected in
those countries
Trade secret:
 Strength:
o Proactive in protection and no incurred application fee
o Can be protected indefinitely
 Weakness
o Once being disclosed, and turned common property, it stands no
grounds for the rights to be exercised if there occurs transgressions
o Easy to be stolen or imitated if reverse research is conducted
Conclusion:
 The patent will be suitable for technologies that, when putting products on the
market, are easily imitated and reverse research can be conducted; If the
product cannot be imitated, it will be protected as a trade secret.
 In the case of carbon fiber, carbon fiber can be changed easily, and there are
alternative materials available in the market. Therefore the company should
protect in the form of patent.
Conditions for protection:
 Not subject to exclusion
 Novelty
 Creativity
 The state of being applicable to the industry
2. "Strong & Light" is a sign.
To be used as a trademark, 4 requirements must be met:
 Visible
 Distinctive
 Undeceivable
 No contrary to social ethics
It can be seen that "strong & light" meets ¾ of requirements, but it is not distinctive,
because the new name only stops at the level of features, uses and traits
descriptions.
There is an exception that the trademark does not meet criterion 4 but is still
protected if it achieves secondary meaning through its use (e.g. Hanoi Beer, Saigon
Beer, 555 Tobacco). However, Strong and Light also has no secondary meaning.
Solution
 However, it is still protected if it has has acquired distinctiveness through use
before the date of filing (article 74.2.c)
 Another solution is to propose a different name
3. Protection of intellectual property rights on an international scale
 Intellectual property plays a very important role in international business.
 To promote development of scientific research
 Complete IP law
 Investment encouragement
 Promote global integration
Good IPR protection encourages research and technology development, enhances
the quality of goods, and creates reputation for products. In addition, good protection
will lead to high product costs, limit violations such as the unauthorized exploitation of
technology by the holder of a patent, or production of counterfeit products, and other
infringements. In the long term, a strong IP system will have a good effect in
developing healthy technology, which by then will play a positive role in economic
development.
 Checklist to ensure international IPR: Common mistakes made by exporters
 Assume IPR protection is valid globally (in fact IPR are territorial)
 Assume that laws and procedures to protect IPR are the same all over the
world
 Do not use regional or international IP protection system
 Miss overseas IP registration application deadline
 Disclose information too soon or without a confidentiality contract or no
disclosure
 Do not check if the trademark has been registered or used by a competitor in
the export market
 Export products manufactured under license without the consent of the owner
 Do not determine the issue of IPR when outsourcing
 Apply for a license for a product on the market where the relevant patent,
design or trademark is not protected.
 Use brands that are not suitable for certain markets
Case 2 (giống Case 3): 
Tổng công ty (TCT) sữa Việt Nam là chủ sở hữu nhãn hiệu VINAMILK. TCT xuất
khẩu 1 container sữa tươi nguyên chất mang nhãn hiệu này và bị Hải quan HN lập
biên bản vì trên võ hộp có sử dụng logo con bò sữa trong khi trong khi logo này
không có trong nhãn hiệu đăng ký bảo hộ. 
The corporation is the owner of this trademark, so they will have the following rights:
 Right to use trademarks
 Allow or prohibit others from using the trademark
Using a trademark will be considered an infringement of another trademark if it is
identical or similar to a registered trademark.
The company has registered the trademark of Vinamilk but has not registered the
logo of the dairy cow.
2    c Use of registered trademarks with unregistered signs
(i) Not be considered as an infringement of trademark law and not considered as a
trademark violation, if it is:
- Signs are not likely to be protected (common decorations, common indications, for
example two lions fighting ...)
- Signs that has not been registered yet
- Signs that has not been used till becoming  famous
(ii) It is considered as an infringement of trademark laws and violation on the rights to
a trademark if it is one of the acts specified in Clause 1, Article 129 of the Law on
Intellectual Property, specifically:
- Using signs identical with the protected trademark for identical goods or services ...
if the use is likely to cause confusion about the origin of goods or services ...
- Using a sign similar to the protected trademark for identical, similar or related goods
or services ... if the use is likely to cause confusion about the origin of the goods or
service.
- Using a sign identical or similar to a famous Trademark or a sign in the form of a
translation or transliteration from a famous Trademark for any goods or service, if the
use is likely to cause confusion about the source origin or misleading impression of
the relationship between the user of the sign and the owner of the famous
Trademark.
Because the cow logo is not identical or similar to the cow logo of another registered
trademark, it can still be used. Therefore, the fact that the Agency, the Customs
"make a record" and require the company "to additionally register the logo  of the
Corporation is not consistent with the law.

Advices  FOR VINAMILK:

• Although the export is not considered a violation of the rights to another's
TRADEMARK and will only be dealt with in the case of the export goods with fake
trademarks. But to support the exporting process become smooth, the company
should take appropriate measures:
(i) In order to avoid violating the rights of others' trademarks, the corporation should
conduct a legal status search to examine the distinctive ability of signs not registered
on the packaging of goods 
If such signs are not distinguishable (e.g. a common sign, presented without
stylization), therefore, they are not likely to be protected for any person, the use of
those signs on the trademark is legal 
(ii) If those signs are distinctive, that is, they are likely to be protected as trademarks,
early legal procedures should be carried out to apply for protection.
(iii) In order for the import and circulation of the above products in the importing
country market to be smooth, other signs on the product packaging need to meet the
requirements of the trademark law in the importing country, specifically: 
- Register for protection in that country
- Avoid violating on the rights of others

Case 3: 
The reputation of Duc Lap coffee can be protected under the following industrial
property protection forms:
1. In the form of geographical indications
Because of:
 Duc Lap is a geographical indication according to Clause 22, Article 4 of the IP
Law: It is a sign used to indicate products originating from a specific area or
locality - the name of coffee grown in Dak Mil district
 Duc Lap geographical indication meets the protection conditions under Article
79 of the IP Law
o Products bearing geographical indications originating from regions or
localities corresponding to geographical indications: Duc Lap coffee
originated geographically from Duc Lap district, now Dac Mil and Dac
Nong districts.
o The product bearing the geographical indication has a reputation,
quality or characteristics mainly due to the geographical conditions of
the area or locality corresponding to that geographical indication.
Specifically, Duc Lap coffee has:
 Reputation: has been appreciated by consumers for a long time
and now has been exported to European markets, America,
Japan ... (according to Clause 1, Article 81 of the IP Law)
 Quality and characteristics: Duc Lap coffee has different colors,
flavors, solubility, caffeine content and some standards
compared to coffee of other regions (according to Clause 2,
Article 81 of the IP Law).
 Geographical conditions related to geographical indications
(according to Article 82 of IP Law). The natural and human
factors determine the reputation, quality, main characteristics of
Duc Lap coffee are soil, topography, climate, writing ... and
farming experience of the producer.
2. In the form of Certification Marks or collective marks
Because of:
 Duc Lap name meets the conditions for trademark protection (according to
Article 71 of IP Law)
o Is a visible sign in the form of words
o Distinctive according to dictionary item 2, Article 74 of IP Law: A sign
indicating the geographical origin of goods, distinctive if registered as a
collective bank or certification bank.
 Trademark Certification: According to Clause 18, Article 4 of the Law on IP is
a trademark that the owner (organization or individual satisfying the conditions
for trademark registration) allows other organizations or individuals (producers
and traders to Duc Lap coffee in Dac Mil) is used on goods to certify the
characteristics of the branded goods (Duc Lap coffee): origin (Dac Mil district),
characteristics (color, taste , solubility, caffeine content ...)
 Collective Trademarks: According to Clause 17, Article 4 of IP Law, it is a
trademark used to distinguish the goods of the members of the organization
(organizations or individuals that satisfy the conditions for trademark
registration. For example, the association of coffee producers and traders in
Duc Lap in Dac Mil) from the goods of organizations or individuals who are not
members of that organization.

Case 4: Doanh nhân Phạm Hồng Vinh đã sáng tạo ra công nghệ mới: nghệ
thuật điêu khắc trên kính và sản xuất tranh kính nghệ thuật cho các công trình
xây dựng, lấy tên là tranh Vinh Coban.
In order to be able to market the technologies  without being imitated by other
businesses and producing similar products, Mr. Vinh needs to protect his intellectual
creations by:
- Protect glass sculpture technology and produce artistic glass paintings in the form
of "invention" in the form of a process because it meets the novelty, creativity and
industrial applicability.
- Register the Vinh Coban trademark  for glass paintings when sold on the market or
used in projects
- Register copyrights to his works in order to  protect intellectual property and
promote images for his business.
Mr. Vinh should use the name Vinh Coban for his line of paintings because this is a
self-created name, self-set name and  easy to protect and has the highest distinction.

Case 5
 "Vao ha" song is protected in the form of copyright
 Author: musician Y has non-transferable moral rights (including the right to
name the work; to name the work; to protect the integrity of the work)
 Owner of the song: singer X has property rights and moral rights transferred
(right of publication)
 Behavior: X continues to write lyrics for the song without asking the author's
permission, which is an act of infringing upon the moral rights of "protecting
the integrity of the work" according to Article 19.4 of the Intellectual Property
Law
 The act of uploading the lyrics to his own blog is not considered an
infringement of the rights because it is used for non-commercial purposes,
without prejudice to the copyright under Article 25.2 of the Intellectual Property
Law.
 The act of uploading music to the blog (when clicking on the web with the
sound of the song), is the act of using the work without the permission of the
right owner.

case 6:
A sản xuất nước mắm đã được cấp quyền sử dụng chỉ dẫn địa lý “Phú Quốc”. Trong
quá trình sản xuất, A có bí quyết làm tăng độ đạm mà vẫn giữ được mùi vị truyền
thống sản phẩm.
A- producer of fish sauce has been granted the right to use geographical indication
"Phu Quoc". During the manufacturing process, A has the secret of increasing protein
while retaining the product's traditional taste. So that:
- A has the right to use the geographical indication and ownership of the know-how
"increases protein while retaining the traditional taste of the product"
- A is allowed to add a trademark to be used on labels and product packaging
together with the geographical indication because the geographical indication is a
collective right, used by an entire community and each business in that community
has its own know-how to protect or protect its production process. Therefore, it is still
possible to register more Hung Thinh trademark to be used on the label and product
packaging together with geographical indications.
- Trademark registration does not help A protect its own know-how. A can keep it  as
a trade secret or protected in the form of a patent to the process

case 7: 
1. Công ty A đã nộp đơn đăng ký nhãn hiệu Poêmy$ gồm phần chữ được cách
điệu màu hồng nhạt, phía trên có hình nốt nhạc, cho nhóm sản phẩm số 21, 24,
25. Trên thực tế, DN đã bắt đầu sử dụng nhãn Poêmy cho dòng sản phẩm 21,
24 và dự kiến sẽ tiếp tục mở rộng cho sản phẩm nhóm 25. Tuy nhiên, Cục Sở
hữu trí tuệ thông báo dự định từ chối đơn của A vì nhãn hiệu đăng ký không
có khả năng phân biệt với 2 nhãn hiệu đối chứng: 1. Nhãn Poème của Triump
International AG, cho Nhóm hàng hoá 10, 25. 
2. Nhãn (hình nốt nhạc) của công ty ABC, cho Nhóm hàng hoá 25 
Đánh giá tính tương tự và gây nhầm lẫn giữa nhãn Poêmy và hai nhãn hiệu đối
chứng mà Cục SHTT đưa ra
When assessing whether a trademark claiming protection is identical or confusingly
similar to a reference mark, it is necessary to make a comparison on the structure,
content, pronunciation, meaning and expression of a sign, also to compare goods
and services bearing a trademark claiming protection with goods or services bearing
a control mark (Section 39.8 of Circular 1/2007)
• First: The trademark claiming PoÊMy $ is completely different from the Poème sign
in meaning, pronunciation and expression. Considering the origin, meaning,
pronunciation and expression of the two trademarks claimed for protection and the
control mark, we find the following differences:
Brand: PoÊMy $ and Poème
- -The origin and meaning: PoÊMy $ is a self-placed word with no meaning and
Poème is a French word with meaning, translated into Vietnamese means "poem"
- Pronunciation: Po - ê - my and Po em
- Expression: PoÊMy $ is represented in a stylized pink color, Poème is represented
in regular font
• Second, a comparison of branded goods / services. Assessment of similarity of
goods and services is as follows:
- a) Two goods or two services are considered identical (of the same type) when they
have the following characteristics:
(i) Have the same NATURE (composition, structure ...) and the same FUNCTION,
PURPOSE;
(ii) Having the same nature and the same functions and purposes of use;
- b) Two goods or two services are considered similar when they have the following
characteristics:
(i) They are similar in nature;
or (ii) They are similar in function or use purpose;
(iii) Being put on the market under the same commercial channel (distributed by the
same mode, sold together or next to each other, in the same type of store ...);
(Section 39.9 of Circular 01/2007 / TT-BKHCN).
Triump International AG's Poème reference mark is registered for underwear of
heading 25. However the trademark claiming PoÊMy $ is registered for goods of
heading 21 (kitchen cloths). , heading 24 (towels, towels) and general clothing
products (other than underwear) of heading 25. The products that Triump
International AG registered for the mark of Poème are not similar to the product (are
towels) registered under Company A's PoÊMy $ claim trademark. Ordinary
consumers may also recognize that Triump International AG products are always
available for sale in specialized stores that sell products. has another brand name of
Triump International AG itself, not for sale with other products.
• Third, to ensure the distinctiveness of the Trademark registered under the 4-2012-
04290 Application, Company A should remove a number of elements in the
Trademark Registration 4-2012-04290 as follows:
- Removed markings: all note shapes
Elimination of goods: all goods of heading 25 in these goods)
⇒ With the above adjustment, the trademark requires a Trademark Registration
Application (because in fact, the company has not used Poêmy for the protection
group of Company A, which will distinguish it from the above two control marks and
fully satisfying the conditions for protection specified in Articles 72, 73 and 74 of the
Intellectual Property Law.

- Trade name: the name of the organization or individual used in business activities to
distinguish that business entity from other business entities in the same field and
business area. Mr. Vinh can go to register for protection of the trade name to conduct
business activities under that trade name. The trade name can be the same as the brand
name to create the ability to distinguish its products from other similar products in the
market, at the same time emphasizing the monopoly of the patent for products of Mr.
Vinh