Case 1:

Case 2:
1. Should compare strength and weakness of GI and trademark protection
(collective and certification mark) for well-known local products
GI Trademark
Strength Unlimited term of -Individuals or
protection organizations have
authority on trademark
registration
-Be able to license

Weakness -GI belongs to Vietnamese Many renewable times but

governments must renew after every 10
-Not able to license years

2. Should explain GI and trademark requirements

* GI:
- The product bearing the GI originates from the area, locality, territory or country
corresponding to such GI.
- The product bearing the GI has a reputation, quality or characteristics mainly
attributable to geographical conditions of the area, locality, territory or country
corresponding to such GI.
(điều 79)
* Trademark:
🡺 Visible
🡺 Distinctive
(Art 72)
🡺 Undeceivable
🡺No contrary to social ethics

3. Should give advise to Duc Lap coffee growers and traders in using Duc Lap
sign
The name "Duc Lap" for coffee can be protected under GI because:
- Duc Lap is a GI: it is a sign indicating the origin of a specific locality ( the name of
coffee grown in Dac Mil district)
- Duc Lap GI meets the requirements of the GI protection
+ Having geographical origin from the locality corresponding to the GI
+ Having a reputation, quality and main characteristics (color, taste, solubility,
caffeine content and some different standards compared to coffee of other regions)
decided by geographical conditions ( soil, topography, climate, hydrology, ... as well
as the accumulated cultivation experience of local producers )
The name "Duc Lap" for coffee can be protected in the form of certification mark and
collective mark because:
- Satisfying trademark protection conditions:
+ Can see as words
+ Ability to distinguish: a sign indicating the geographical origin of goods,
distinguishable if registered in the form of certification mark and collective mark
 Certification mark:
Can be registered as a certification mark which is a trademark that the owner allows
other organizations or individuals to use on goods to certify the characteristics of the
trademarked goods: origin (geographical area of Dak Mil district, Dac Nong province),
raw materials, how the goods are produced, quality and other characteristics (color,
taste, ...)
 Collective mark
Can be used as a collective mark which is a trademark used to distinguish the goods of
the members of the organization that owns that mark (The community of Duc Lap
coffee growers and traders in Dac Mil District) from goods of organizations or
individuals that are not members of that organization.
 Certification mark đc My lựa chọn

Case 3:
a) It is considered as an infringement of trademark laws and violation on the rights
to a trademark if :
- Have the same composition and method of presentation; have several features
identical or confusingly similar to those of the protected mark
-
Use of registered trademarks with other signs on its product is not considered an act of
trademark infringement according to trademark law because the cow logo of Vinamilk
is not identical or similar to the cow logo of another registered trademark, so it can still
be used. However, Vinamilk should register the image of logo in parallel with the
protected trademark on its products as Customs Authorities of Hanoi’s requirements to
be protected by IP law in the future
b) Give advice to Company A for the sake of its future exporting activities:
In order for the import and circulation of products in the importing country to be
smooth, it is necessary to meet the requirements of the law on trademarks in the
importing country:
+ Register to be protected in that country
+ Avoid infringing on the rights of others

- In order to avoid infringing on the trademark rights of others, the corporation should
conduct a legal status search to examine the ability to distinguish of signs that are not
registered on the packaging of goods (eg. dairy cows)
+ If such signs are not distinguishable (commonly presented, not stylized ...), therefore
not capable of protecting anyone, the use of such sign on the mark Milk is legal in
Vietnam
+ If those signs are distinguishable, that is, they are likely to be protected as
trademarks, it is necessary to conduct early legal procedures to register for protection.

Case 5:
1. The creation of glass sculpture is considered as an invention: is a technical solution
in the form of a product or a process to solve a specific problem by applying laws of
nature. Therefore, to protect his intellectual creation, Mr. Vinh can register for
protection in the form of patent granting because he fully satisfies the conditions for
patent protection
With the patent protection registration, Mr. Vinh can obtain protection against
infringements. He has the right to prevent others from using his invention, which is to
prevent other enterprises from imitating his technology and manufacturing similar
products.
Patent protection is valid for 20 years from application date
2. About creating a trademark for his own paintings:
- Trademark: is a sign to distinguish goods and services of different organizations and
individuals. Mr. Vinh could take the trademark name as Pham Hong Vinh Cobalt
Painting (emphasizing that he is the sole patent holder of this product) and design the
trademark in the form of graphics, distinctive, undeceivable and no contrary to social
ethics. Satisfying the above conditions, Mr. Vinh can register for trademark protection
Case 6:
- Singer X purchased the song “Vao ha” of musician Y on a monopolistic basis,
which means she only has the related rights to perform and exploit works based
on original works. Therefore, this is considered as an act of infringement on the
rights of musician Y, specifically:
Moral rights: Singer X infringes on the spiritual rights of musician Y because writing
the 2nd lyrics for the songs based on the melody of ‘Vao ha’ can reduce the value of the
original work, cause prejudices to the copyright in the original work, harm the honor
and reputation of author Y, infringe on the right to protect the integrity of the work, to
protect the author's identity.
Economic rights: singer X has infringed on the economic rights of author Y over the
song "Vao ha", because this is the act of making a derivative work without the
permission of the owner of the work, in which author Y is also the owner of the work.

- Musician Y uploaded the song “Vao ha” and its lyrics on his own blog. Was
that an act of copyright infringement on the song “Vao ha”, which was
transferred to singer X?
If musician Y uploaded the music and the lyrics are performed by singer X, this is
considered an infringement of the copyright to the song "Vao ha" that has been
transferred to X, specifically, it is an act of publication, distribution without
permission.
If musician Y uploaded music and pure lyrics (music without shown in writing or in
graphic form), this is not considered as copyright infringement of the song “Vao ha ”
has been transferred to X, but this is within the moral rights of author Y, which is his
right to publish the work to the public.

Case 7:
A has the right to additionally register a trademark "Hung Thinh" for its use on the
label and package of its products, because:
- Products of A still ensure the protected conditions for products bearing geographical
indications:
+ Having geographical origin from regions, localities or territories with geographical
indications (here is Phu Quoc geographical indication)
+ The product has a reputation, quality and characteristics are mainly decided by
geography (maintaining the traditional taste of the product)
- A's product is different from the fish sauce of other organizations and individuals (f
increasing the protein content), so A can register to add the Hung Thinh trademark that
contains or constitutes by a geographical indication for goods originating from the
indicated geographical area, on the one hand, the conditions for products bearing
geographical indications can be ensured, on the other hand, its products can be
differentiated.

Trademark registration does not help A protect its own know-how. A can keep it as a
trade secret or protected in the form of a patent to the process

Case 8:
Recommendations for Company A on how to respond to the notice document of NOIP
so as to reserve its registrability for the trademark Poêmy:
- About the composition and method of presentation, not having the same composition
and method of, specifically: The trademark is designed by company A in the form of
stylized graphics and the combination of letters, characters and graphics which are
distinguishing from trademark Poème and trademark … , each of which is just a simple
design, so it does not confuse consumers, does not cause confusion to consumers in
selecting goods or services bearing the marks
- Regarding the consumption channel of goods and services: Company A trades goods
different from those of Triump and ABC company, so there is no product confusion
between these companies.
- The Poemy trademark has no meaning and has never been registered for protection
by any individual or organization. This is coined or fanciful mark having the highest
level of distinctiveness because of the contingent characteristics
=> Therefore, company A can reserve its registrability for the trademark Poêmy. The
registration of trademark protection is completely legal, does not infringe on the
trademark protection rights of Triump Company and ABC Company.