Well-known trademark protection. A comparative study between the laws of the European Union and Vietnam

Detta är en avhandling från The Faculty of Law, Lund University

Sammanfattning: Well-known trademarks have been recognized as one of the most important types of trademark in the trademark system as reflected in both national law and in international treaties. The legal regime of well-known trademark protection has been continuously enhanced and developed over time due to the increasing importance of well-known trademarks becoming known to a worldwide public as well as development of their role in the international trade system. However, these legal issues are novel concepts for many countries, especially in developing and least developed countries, including Vietnam. The thesis provides a comparative study of Vietnamese and European Union law in order to discover useful avenues that can be applied to Vietnam. In addition, the thesis presents a picture of the Vietnamese legal system for the protection of well-known trademarks, evaluates its achievements and shortcomings, and suggests specific solutions for improving the Vietnamese legal system for the protection of trademarks and well-known trademarks. This comparative research demonstrates that the Vietnamese legal system for well-known trademark protection has been well-developed due to the Government’s efforts to learn and adopt from the experiences of other countries as well as in joining and internalizing the provisions of the international legal framework. However, such attempts have not yet been completely effective to create an advanced legal system for well-known trademark protection, especially in the context of globalization and international economic integration. In short, the protection of well-known trademarks is a complicated and sensitive field in modern trademark law. The author strongly believes that an understanding of the topic can be studied on a larger scale, such as in respect of comparisons with the US legal system or with those of other countries.