Trademark disputes between universities in Vietnam

Trademark disputes between universities in Vietnam

1. Introduction

In a section of his essay, Intellectual Property Management in the university training in economics and management at the National Scientific Conference Innovation science and technology activities to improve the quality of training human resources for economic and business administration in universities serve the socio-economic development [2] by the National Economics University held in Hanoi on 25.01.2010, the author has mentioned preliminary trademarks of the education and training in Vietnam. At the same time, the author warned of the possibility of trademark disputes between the base of education and training in Vietnam. On 07/08/2010 warnings came true, when the University of East Asia (Da Nang) sent a complaint to the University of Eastern Asia Technology (Bac Ninh), the National Office of Intellectual Property of Vietnam and the send press agency of the University of East Asian technology for trademark infringement “University of East Asia” by the University of East Asia (Da Nang) is the owner.

Recognizing that this is an issue that needs to limit the study, go to end the trademark dispute between the university and is also contributing to the universities assert their intellectual property in the international integration, the authors surveyed the overall brand of the university in Vietnam.

For documentation of this writing, we have to use other sources of information: 1. Industrial Property Gazette issued by the Intellectual Property Department; 2. Some administrative documents by state administrative agencies issued; 3. The news published in the press or on the Internet. It should be recalled that the source of this information is subject excluded from copyright protection under Article 15 of the Law on Intellectual Property.

2. Overview of the brand – the subject of IPR

Under Vietnamese law, the subject of Intellectual Property rights include: copyright for literary, artistic and scientific and related rights for performances, sound recordings, video recordings, program broadcasts and program-carrying satellite signal is encoded, industrial property rights to inventions, industrial designs, layout designs of semiconductor integrated circuits, trade secrets, trademarks, trade names business and geographical indications and plant variety rights.

4.16 Intellectual Property Law defines A trademark is a sign used to distinguish goods or services of different organizations and individuals. Article 72.1 also noted brands are the visible signs in the form of letters, words, pictures, images, including three-dimensional shape or a combination of these factors, is expressed in one or more colors . If brands exist in the form of the letters, the set of letters that are pronounceable, may mean or not mean (in that case, it means not going against the moral norms) . Therefore, the brand of a university can provide the name of the school and may not have called that.

Universities and brand name of the university is the different object. Rights to the University of automatically generated name from the time of the decision of the competent state agencies to permit the establishment of universities have legal effect. But trademark rights are not automatically generated, it arises only under two conditions:

– University of trademark protection registration;

– NOIP trademark registration certificate.

On the other hand, the principle of protection independent of the Paris Convention (Vietnam is a member of the Convention from 08.3.1949) on industrial property protection provisions, if any national diploma trademark protection the only effective protection on the national territory, means the brand by the Department of Intellectual Property of Vietnam degree of protection, it is only effective protection on the territory of Vietnam. In other words, if universities to open their facilities overseas, they must register trademark protection in that country.

The point to note is that the overseas trademark registration does not arise on the basis of name of the university, in accordance with the Paris Convention, the Madrid Agreement it must be based on brands by country of origin or according to the provisions of the Madrid Protocol, it must be based on the basis of applications for national origin protection of trademarks. Thus, the university will certainly have trouble no legal ownership of the brand (although legal ownership of the name university), the irony is when to buy or lease the name their school (when it was the brand of the university). We will prove this claim by the practical case in the following section of this article.

3. Survey results on the brand of education and training

According to a survey by the author through the data in the Intellectual Property Department, to NOIP dated 31.12.2010 has granted 1083 trademark registration certificate for the education and training across the country, including schools universities, colleges, secondary schools, vocational training institutions, training establishments of foreign languages, information technology … (due to the amount of several thousand applications for protection, so we only of those brands have been told households).

Among the applications for trademark protection for the education and training in general, there are 93 applications for trademark protection of the university, which NOIP only level 34 mark registration certificate performance for schools, of which there are 3 universities currently owns 02 brands, so only 31 universities nationwide are owned brands.

The university owns two brands: University of Hanoi (former University of Foreign Studies, based in Thanh Xuan District, Hanoi), Hanoi University of Technology, the University of Hong Bang (in the database data in NOIP still be based in Hong Bang University at No. 03 Hoang Viet, Ward 4, Tan Binh District, Ho Chi Minh City, not burn Hong Bang International University, so this case is based trademark is different from your current name).

4. Application for trademark protection is denied protection

As mentioned above, only 34/93 applications for trademark protection NOIP trademark registration certificate, so the number of applications for protection have been denied protection accounted for 63.4%, refuse protection ratio is too large. One question is why is the application for trademark protection is denied protection? To answer this question, we would like to analyze two cases of applications for trademark protection is denied protection.

Case 1:

Application for trademark protection Van Hien University 1997 civilization UNIVERSITY, picture by Van Hien University of Ho Chi Minh City-based in AA2, D2, Van Thanh North, Ward 25, Binh Thanh district, Ho Chi Minh City, paid on 31/03/2008 for Group 41: Educational services and training. (Please see attached form).

On 04.8.2009 NOIP the official some 44180/SHTT-NH2 refuse protection of the entire label on the grounds that:

– The same word confused with National Brand of 78,303, as defined in Article 74.2.e. IP Law: the label on the inability to distinguish because “is not a trademark which is identical or similar to cause confusion with a mark has been registered for goods or services identical or similar to the the basis of the application filing date or priority date earlier than in the case of an application priority rights, including trademark registration applications filed under the international treaties to which the Socialist Republic of Vietnam a member. ” Look up the national register of 78 303, we noticed date 26.02.2005 NOIP was granted certificate of registration marks VH culture JSC, the JSC Investment and Development of General Services Office of the Constitution based layer 2 Youth 2 hotels Tran Thanh Tong, Pham Dinh Ho ward, Hai Ba Trung District, Hanoi, for the service group number 35, 37, 41, 43 (note Joint Stock Company Investment and Development General Service Office of the Constitution is not a training school but also functions and owns the brand group 41, coincides with the group of 41 that Van Hien University of Ho Chi Minh City proposal).

– Part mislead consumers about the origin of the service, under Article 73.5 of the Law on Intellectual Property: brand contains “signs to mislead, confuse or deceive consumers as to the origin origin, functionality, utility, quality, value or other characteristics of goods or services. ” We invite readers to look at the image of the brand together, we see that it is similar to the shape of the Van Mieu Quoc Tu Giam.

Case 2:

Application for trademark protection SGU University Saigon SAIGON UNIVERSITY, by the University based in Saigon 273 An Duong Vuong, Ward 3, District 5, Ho Chi Minh City, submitted on 06/06/2008 ( form attached) for group 16: Journal (periodical), a group of 41: teaching education services; teaching; vocational training; foreign language; study abroad; organize educational competitions or explain location, group 43: Scientific Research; technology transfer.

On 03/24/2010 NOIP the dispatch some 12144/SHTT-NH1 refuse trademark protection as required by the University of Saigon with under 74.2.e. reason IP Law, the mark on the inability to distinguish because “is not a trademark which is identical or similar to cause confusion with a mark has been registered for goods or services identical or similar on based application filing date or priority date earlier than in the case of an application priority rights, including trademark registration applications filed under the international treaties to which the Socialist Republic of Vietnam is members “.

Document control is the national register of 78 862, we have this registry lookup and find the cause before it on 03/26/2007 NOIP was granted trademark registration certificate SAI GON TECHNOLOGY UNIVERSITY STU DAI HOC SAI GON also service for groups of 41 and 42 by the University’s established Saigon technology is the owner. [3]

This is quite rare as is the case between the two universities, look in the literature, we found that:

– University’s established Saigon Technology (formerly the University’s establishment Technology of Ho Chi Minh City was established in May 04.2004 Decision No. 57/2004/QD-TTg), later renamed the University’s established technology Saigon in April 03.2005 Decision No. 52/2005/QD-TTg of the Prime Minister;

– Saigon University was established on 25.04.2007 Decision No. 478/2007/QD-TTg of the Prime Minister.

Such certificate of trademark registration UNIVERSITY OF SAIGON by the Intellectual Property Department in force time before Decision 478/QD-TTg for the establishment of the University of Saigon. Within the scope of this article, we are temporarily not legal analysis of the conflict between the degree of 78,863 by the National Office of Intellectual Property dated 25.01.2007 Decision No. 478/QD-TTg by the Prime Minister signed on 25.04.2007.

5. Trademark disputes between the university

Phenomenon universities have similar names on the national scale is inevitable, we try to analyze the case:

– University of Eastern Asia Technology (Bac Ninh)

– University of East Asia (Da Nang)

Two universities have similar names, including the phrases: – School; University; Technology; – East Asia; inability to distinguish, therefore not protected separately from As a brand, which can only be the overall protection (included).

As analyzed above, the right to name two universities is automatically generated at the time of the decision to allow the establishment of universities have legal effect. But only the University of East Asia (Da Nang) is registered with the National Intellectual Property protection brand requirements and has been granted the certificate of registration of trademark “University of East Asia.”

08/07/2010 University of East Asia (Da Nang) sent a complaint to the East Asian College of Technology (Bac Ninh), the National Office of Intellectual Property of Vietnam and also to the press agency of the University of Engineering East Asian technology violates trademark owner “University of East Asia”. So the nature of this is? According to the information that we then lookup:

– University of East Asian Art (Bac Ninh) was established by decision No. 1777/QD-TTg dated 09/12/2008 of the Prime Minister. Dong A University of Technology main campus is located in University City Village of Bac Ninh, Bac Ninh province.

– University of East Asia (Da Nang), East Asia as a College have applied for trademark registration in 2005, the Intellectual Property Office granted the trademark registration certificate dated 8/12/2008. [4 ]

Thus, whether or not a legal conflict between the decision No. 1777/QD-TTg dated 09/12/2008 of the Prime Minister with the trademark registration certificate issued by the Department of Intellectual Property on 08/12/2008? This is a big problem, maybe not able to discuss in this article. We would like to mention the part about this in the conclusion.

6. Forecast trademark dispute between the university

Likelihood of disputes in trademark cases Saigon University as analyzed in Section 5 is entirely possible, as the University of Saigon not own brand Saigon University, where ownership This brand belongs to a different university.

We made another prediction can occur at Hanoi National University (VNU) when considering the following cases.

Trademark University of Foreign Languages, (please refer to attached form) by Hanoi University based in Km 9 Nguyen Trai Street, Thanh Xuan District, Hanoi filing claims on 01/10/2007 and Intellectual Property Department published protection dated 25.07.2008.

clip_image006Truong Hanoi University (formerly known as the College of Foreign Languages) to apply for trademark protection Foreign Languages University School when this was a new name. Trademarks mentioned together with coincide with the name University of Foreign Studies Vietnam National University, Hanoi.

We know that the University of Foreign Language Teachers was renamed the College of Foreign Languages becoming a member unit of VNU, renaming certain time before 01/10/2007 (the time of the Hanoi University paid application for trademark protection of the University of Foreign Languages).

Consequently, in order to become the owner of the trademark Foreign Languages University, College of Foreign Languages of Vietnam National University, Hanoi had no choice but to buy the brand titled his school from the University of Hanoi.

7. Conclusion

– With only 31 of the total number of over 400 universities have signed up to legally owns 34 brands, we can say that the brand management of the university has not been respected, if not said that the majority of the universities did not see the importance of the brand in the process of international integration;

– The dispute and the possibility of trademark disputes between the university is real, the cause belongs to the university part, the other part of the law for the operation of the management system and enforcement of IP rights, the right to manage trade names and trademarks belong to different agencies, coordination between agencies is not uniform. We will address this in another study.,.

TS. Tran Van Hai – University of Social Sciences and Humanities

Google translation for reference purpose only.

 

 

 

 


Trademark protection in Vietnam , Patent Protection in Vietnam , Industrial Design Protection in Vietnam ,  Trademark protection in Cambodia ,Registration of Trademark in Laos , Trademark protection in Myanmar, Trademark search, Patent search in VietNam , Intellectual Property News , Patent Attorney, Trademark Attoney , Bao ho thuong hieu