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A Comparative Study on Intellectual Property Protection : Focused on Trademark Protection Regulations in Vietnam and Singapore

  • Kim, Yookyung (김유경, 국제대학원 국제학과 국제통상전공)

초록/요약

A trade war between United States and China started in earnest from 2018. Due to the multiple battles between two countries, many international corporations have considered other Asian nations as a replacement of China which is currently a major manufacturing hub of Global Value Chains. In regard to this trend, Vietnam has received attention to substitute a role of China with its low wages and tariffs. However, some foreign investors and corporations are hesitating over deciding Vietnam as a replacement of China since there are serious concerns of violations on the intellectual property rights. Vietnam is considered as one of the main producers, exporters and importers of counterfeited goods and copyright piracy which are infringing actions against intellectual property rights (OECD 2019). Especially, ICC report stated Vietnam has traditionally focused on well-known international brands in terms of counterfeit actions (ICC BASCAP 2019). To identify the reason of rampant infringements on the intellectual property, this thesis concentrates on studying the Vietnamese intellectual property rights protection. Specially, it focuses on trademark protection in comparative analysis since it is important for the value of enterprises and customers (Desai 2012, 1042; Basma 2016, 145). In addition, trademark applications and registrations have gradually increased in Vietnam lately. This paper conducts a comparison study between Vietnam and Singapore focusing on each country’s laws on trademark protection. The present thesis aims to find the difference of regulations and to draw implications to Vietnam for its development of trademark protection. This study identified that there are slight differences on the method of description regarding to the definition, the conditions of trademarks and the rights of the proprietor. However, there were noteworthy differences discovered in terms of the legal measures of the infringing activities on trademarks. Although both countries regulate the applicable cases and conditions of infringement, Singapore distinctively subdivides several types of infringing acts as ‘offences’. Whereas, Vietnam IP law only rules a counterfeit as a specific infringing activity. Furthermore, the Vietnamese court needs to admit the criminal remedy of the unlawful action based on the economic damages ruled on the criminal code. The article of criminal code prescribes the economic extent of trademark infringement with a specific scope of price. On the basis of the results, this thesis gives several suggestions for the development of Vietnamese trademark protection for a path foreword.

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목차

I. Introduction···1
II. Literature Review···5
2.1 Intellectual Property Rights (IPRs)···5
2.2 The Development of International Regulations on Intellectual Property Rights···8
2.3 Literatures on Trademark Protection···14

III. Frameworks and Evaluation of Intellectual Property Protection in Vietnam and Singapore···19
3.1 Institutional Development of Intellectual Property Rights Protection···19
3.2 Evaluation of Intellectual Property Rights Protection···22
3.3 Protection of Trademarks···34

IV. A Comparative Analysis of Trademarks Protection Regulations in Vietnam and Singapore···37
4.1 Terms and Conditions of Trademarks···37
4.2 Infringement and Offences of Trademarks···43
4.3 Actions against Trademark Infringement···49
4.4 Findings and Implications of an Analysis···53

V. Conclusion ···58

Bibliography

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