With an increasingly high volume of trade flows driven by electronic commerce, Vietnam has many issues that need to be addressed with regards to trademark infringement. The authorities and inspectors are overwhelmed by online counterfeiting which involves mainly consumer products. From fake cosmetic products to counterfeit furniture, e-commerce has open new doors to infringers, who can freely sell their products while staying completely anonymous.
There is a clear lack of legislation when it comes to e-commerce. The Vietnamese legal system currently has two legal instruments governing e-commerce: the Law No. 51/2005/QH11 on e-Transaction and the Decree No. 52/2013/ND-CP on e-Commerce. Unfortunately, these regulations do not establish transparency requirements on the merchant’s identity or on trade information yet. Therefore, it remains difficult to track them without the help of a third party.
Instead of relying on the current legal dispositions, perhaps it is time to give e-commerce operators the responsibility to survey products put on sale on their websites. Moreover, the operators should be given the competence to require and provide merchant’s identification information to prevent illegal activities including counterfeiting. Finally, cooperation with law firms could be another possibility to enhance the effectiveness of brand’s protection. By working closely with the platform operators, law firms could assist the brand owners to take down infringing listings and set up a watch to monitor infringers.