BUSINESS LAW

TUTORIAL 5

1. Give your statement: True or False? And explain why?

- Industrial property rights to a trading name shall be established on the basis of lawful use
thereof

 TRUE. According to Point b, Clause 3, Article 6 in Law on Intellectual Property 2019,

industrial property rights to a trade name shall be established on the basis of lawful use thereof.

- Industrial property rights to trade names are protected on the basis of registration with competent State
agencies.

 FALSE. According to Point a, Clause 3, Article 6 in Intellectual Property 2019, industrial property
rights to an invention, industrial design, layout-design, mark or geographical indication shall be
established on the basis of a decision of the competent state agency on the grant of a protection title.
Therefore, we must change “on the basis of registration” into “on the basic of a decision”

- Enterprise names could be used simultaneously as the Trade names.

 TRUE.

- The trade secrets are valid indefinitely after issued certificate by the State agency.

 TRUE. According to Clause 4, Article 220 in Law on Intellectual Property 2019, trade secrets and
trade names which have been existing and protected under the Government’s Decree No. 54/2000/ND-CP
of October 3, 2000, on the protection of industrial property rights to trade secrets, geographical
indications, trade names and the protection of rights against industrial propertyrelated unfair competition
shall continue to be protected under this Law.

2. Case Study

AN Company has manufactured fast enclosed to “LA ABU” Logo which is the same name as a famous
famous chef. Therefore , the customers have confused that such products made by Mr .LA ABU. As a
result, AN Company could sell 20 .000 products in a week and made a huge profit .

1. Has AN Company violated Intellectual Property Law?

 YES. According to Clause 5, Article 73 in Intellectual Property Law 2019, 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 s shall not be protected as marks. Therefore, in this case,
customers have misled the products of AN Company with the products made by Mr. LA ABU. So it has
violated Intellectual Property Law.

2. If you were Mr .LA ABU, what should you do to protect your rights?

 According to Point a, Clause 1, Article 215, Mr. LA ABU has the right to request competent agencies
to apply preventive measures to secure the administrative sanctioning specified in Clause 2 of this Article
because it is not sure that the quality of product AN company made is not harmful to customers.