Trade mark (TM) of all products to be licensed and marketed in Vietnam must be registered with our NOIP (Vietnam National Office of Intellectual Property)
In Circular 22 of Vietnam Ministry of Health regarding new regulation on drug registration, it mentions that drug name
- d) Should not enable conflicts with intellectual property objects of other individuals,
organizations under protection; - e) Should not coincide or resemble with the name of a drug of other entity that was grantedregistration number.
If our TM conflict with TM of other companies, registration number (visa number) of the products might be suspended or withdrawn.
- In case intellectual property dispute occurs during the consideration process for issuing registration number, the opponent of issuance of registration number for the drug related to intellectual property must provide conclusion of the State management organ on the intellectual property or the organ in charge of dealing with the intellectual property infringement. The Ministry of Health shall refuse to issue registration number for the drug in case there is enough ground to confirm that the drug shall, after being granted registration number, infringe intellectual property rights of other individuals or entities under intellectual property protection.
- In case intellectual property dispute occurs after the issuance of registration number, the Ministry of Health shall, on basis of consideration of the request of the intellectual property owner or any third party whose interests are associated and based on the verdict of the Court or the final conclusion of the State management organ on the intellectual property or the organ in charge of dealing with the intellectual property infringement, decide to suspend or withdraw the registration number of the drugs those are concluded that they infringe intellectual property rights.