How to change, withdrawal of domain names in violation of Vietnam intellectual property laws

Joint Circular guiding the order and procedures for change, withdrawal of domain names in violation of intellectual property laws.

On 06/08/2016, the Ministry of Information and Communication and the Ministry of Science and Technology issued Joint Circular No.14/2016/TTLT-BTTTT-BKHCN guiding the order and procedures for change, withdrawal of domain names infringing intellectual property rights.

Accordingly, the owner of the domain name “.vn” shall be forced to change domain information if the website under the domain name publishes information that violates laws on intellectual property, such as advertisement, product descriptions, offering, selling of goods or services which are identical, similar or related, resulting in the damages to the prestige, reputation or property for owners of protected trademarks, trade names, geographical indications.

Regarding the domain name “.vn” identical or confusingly similar to trademarks, trade names or geographical indications being currently protected and the owner mark, trade name or geographical indication has legitimate rights thereto; while the owner of domain name “.vn” has no legitimate rights and interests to trademarks, trade names, geographical indications being currently protected; or content of the website under the domain name “.vn” contains information that violates regulations on intellectual property, the domain name shall be forced to be returned.

Where the owner of the domain name does not change the information on the website or return the domain name by decision of administrative sanction within 30 days from the date on which the sanctioning decision takes effect, the domain name “.vn” will be withdrawn under the provisions of the current law.

This Circular takes effect from the date of 25/07/2016.