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Official Gazette

Friday, August 18, 2017

Trademark-infringing domain names may be revoked

Updated: 15:00’ - 07/12/2015
>>New rules deal with IP infringements on the Internet

Holders of domain names “.vn” infringing upon the intellectual property law would have to change information on or return domain names, otherwise their domain names would be revoked.

Holders of domain names ".vn" violating the intellectual
property law might have such domain names revoked__Photo: Internet

This is provided in the draft joint circular recently released by the Ministry of Information and Communications and the Ministry of Science and Technology for public comments.

The holder of a domain name “.vn” would be required to change registered information on such domain name if the domain name points to a website containing information that abuses or harms prestige or reputation of a protected brand, trade name or geographical indication or a copyrighted work. And if the owner of the infringed brand, trade name or geographical indication has evidence proving that the domain name holder violates the industrial property law, the domain name holder would be forced to return the domain name. However, in this case, the evidence against the domain name holder must confirm that the domain name is identical or confusingly similar to the infringed brand, trade name or geographical indication and the domain name holder has no rights and interests over such brand, trade name or geographical indication.

In case the holder of a violating domain name fails to change information on, or return such domain name as required in the decision on sanctioning of administrative violation within 30 days after the effective date of such decision, the domain name would be revoked.

Holders of domain names “.vn” violating regulations on copyright and related rights would also have such domain names revoked if falling into recidivism after being forced to suspend the operation of the violating domain names.- (VLLF)
 

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