The appropriation or use of domain names are considered as unfair competition

On September 30, 2024, the Ministry of Science and Technology issues Circular No. 06/20247/TT-BKHCN on amending and supplementing a number of articles of the Minister of Science and Technology’s Circular No. 11/2015/TT-BKHCN dated June 26, 2015, detailing and guiding a number of articles of the Government’s Decree No. 99/2013/ND-CP of August 29, 2013, on sanctioning of administrative violations in the field of industrial property.

Firstly, act of appropriating or using domain names regarded as an act of unfair competition in industrial property, falling in either of the following cases:

- Appropriating or using domain names identical with or confusingly similar to protected marks or trade names of others or geographical indications without having the right to use, for introduction of products, offer for sale of identical, similar or related goods or services on the websites which such domain names direct to; causing a confusion for taking advantage of the reputation of the marks, trade names or geographical indications for illegal profit;



- Appropriating or using domain names identical with or confusingly similar to protected marks or trade names of others or geographical indications without having the right to use, with bad intentions.a

Besides, the act of receiving the transfer of the right to use a mark not in the form of a written contract in the case of using the transferred mark on goods or goods packages means the receipt of the transfer of the right to use a mark from the right holder and use of such mark on goods or goods packages without conclusion of a contract with sufficient terms as specified at Clause 1 Article 144.

Additionally, defined that Illicit profit amounts earned through the commission of administrative violations are benefits gained through committing such administrative violations, including Money; Valuable papers; other objects, and assets.