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VOL. 11, ISSUE 10 (2025)
Law on the registration and protection of trademarks in e-commerce: A comparative study between Vietnam and China
Authors
Tran Minh Duc
Abstract
E-commerce in Vietnam has experienced rapid
growth, surpassing USD 20 billion in 2023, and creating both opportunities and
challenges for trademark protection. Trademarks serve as vital intangible
assets, ensuring brand recognition, consumer trust, and fair competition. Both
Vietnam and China adopt the “first-to-file” principle, granting rights to the
earliest applicant rather than the first user. In Vietnam, trademark protection
is governed by the Intellectual Property Law and related decrees, but gaps remain,
especially regarding well-known marks and the liability of e-commerce platforms
in preventing infringements. Enforcement is often limited to administrative
sanctions with relatively low deterrence. In contrast, China has built a more
comprehensive system. Its Trademark Law prevents malicious filings and allows
stricter sanctions, while the 2018 E-Commerce Law clearly defines platform
responsibilities through a notice-and-takedown procedure and joint liability
rules. Additionally, China combines legal obligations with voluntary agreements
among platforms to strengthen monitoring and enforcement. For Vietnam, lessons
include clarifying platform obligations, applying advanced technologies to
detect infringements, tightening sanctions, and fostering cooperation between
regulators, platforms, and international partners. Strengthening these
mechanisms will allow Vietnam to safeguard trademark rights effectively,
promote innovation, and ensure a fair digital marketplace.
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Pages:36-39
How to cite this article:
Tran Minh Duc "Law on the registration and protection of trademarks in e-commerce: A comparative study between Vietnam and China". International Journal of Law, Vol 11, Issue 10, 2025, Pages 36-39
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