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Amendments to Trademark Laws

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Mai 16, 2024 (Newsletter Issue 4/24)
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New Decree on Administrative Sanctions in IP

On May 4, 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP (“Decree 46”) amending and supplementing certain articles of Decree No. 99/2013/ND-CP dated August 29, 2013, on administrative sanctions in industrial property, as amended and supplemented in 2021 (“Decree 99”). Decree 46, which will come into force on July 1, 2024, is designed to bring Decree 99 in line with the amended IP Law of 2022.

Some of the notable amendments of Decree 46 are the following:
- New infringing acts are introduced
- Amendments and supplements to main sanctions, additional sanctions, and remedial measures are adopted
- Changes are introduced regarding the temporary hold of infringing domain names
- Remedial measures can still be imposed when the statute of limitations for administrative sanctions expires
- The competence of the police is extended
- Measures are taken to speed up the administrative sanctioning process and help curtail ongoing infringement

While Decree 46 includes some needed amendments, some of still remain vague and could be difficult to enforce. It will be interesting to see how effectively the amendments are applied in practice.

For more details on the decree, click here.