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Review Article
Provisions in Vietnamese law on bad-faith trademark registration: Analysis and recommendations for legal improvement
Author(s): Bui Thi Thuy Linh*
The act of registering trademarks in bad faith is becoming a major challenge for trademark protection systems not only in Vietnam but also worldwide. The Vietnamese legal system has made significant adjustments to identify and address bad-faith trademark registration, as reflected in the amended intellectual property law of 2022 and circular no. 23/2023/TT-BKHCN. These regulations help create a clearer legal framework, allowing authorities to refuse the issuance of protection certificates or to invalidate trademark registrations if there are signs of bad faith. More importantly, the current legal framework has partly overcome the limitations of the “first-to-file” principle, which previously facilitated trademark hoarding practices. This change also enables Vietnam to better comply with its international commitments while protecting the legitimate rights and interests of b.. View More»
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