return icon Vietnamnet.vn

Vinamit has got halfway to reclaim Duc Thanh brand from Chinese

The review court to adjudicate the dispute of the Duc Thanh brand in China is expected to open in late April. Vinamit, a well-known Vietnamese farm produce processor, hopes the court would finish the 5-year lawsuit on end.

VietNamNet Bridge – The review court to adjudicate the dispute of the Duc Thanh brand in China is expected to open in late April. Vinamit, a well-known Vietnamese farm produce processor, hopes the court would finish the 5-year lawsuit on end.

 

{keywords}


Nguyen Lam Vien, General Director of Vinamit, said he has taken half of a thorny path to claim for Vinamit’s Duc Thanh brand back.

In 1997, Vinamit began selling Duc Thanh brand dried jackfruit product to China. At that time, Vietnamese exports all had to go across the border gates of Lao Cai and Mong Cai. Vien then made the registration of Duc Thanh for the trademark protection in China and believed that he did all necessary works to protect the trademark.

However, Vien was wrong. The Chinese partner of Vinamit intentionally tried to rob the Vinamit’s trademark by quietly registering the Duc Thanh trademark in Chinese language.

Only in 2007, when the Chinese partner got the patent for Duc Thanh trademark, did Vien realize that he still had “fatal weak spots.” The trademark registration was only made in Vietnamese, while the Chinese laws stipulate that the full protection would be provided to a trademark only when the trademark owner registers both the local names and the original names to the competent agencies.

As a result, Vinamit, which is the real owner of the trademark, lost its right over its intellectual property. Vien then decided to follow a lawsuit to claim the trademark back no matter what.

If he doesn’t, Vinamit’s products would be in the danger of getting weeded out of the Chinese market. Especially, Vien may be accused of violating the Chinese laws at any time. Under the Chinese laws, the trademark counterfeiting charge could be sentenced to 5-year prison.

Nevertheless, it was not easy to claim the trademark. The Vietnamese lawyers Vien hired could not do anything within the first two years because of the geographical distance problem.

After that, Vien, who then hired Chinese lawyers, lodged a petition to the Chinese intellectual property office.

The office finally decided that Duc Thanh trademark belongs to Vinamit, requesting Cie Hong Yi, an old partner of Vinamit, the distributor of Vinamit products in China, to give Duc Thanh back to Vinamit.

However, the decision was not respected by the defendant, who then sued to the Beijing commercial court.

In late 2012, the Beijing commercial court stated that Vinamit is the only legal owner of the Duc Thanh trademark.

However, the judgment still could not wrap up the long lasting lawsuit. The defendant continued claiming innocent, asking for a review of his case.

Vien said the review court would take place in late April and that he believes he would win the lawsuit. However, he might have got too tired of the lawsuit.

Vien vows to claim back his trademark, saying that he would also sue the subjects who appropriated the trademark for the damages they have caused.

“We will reclaim the justice. We have all necessary evidences to prove the losses caused to Vinamit,” Vien said.

Vietnamese lawyers have lauded Vien’s actions, saying that this would encourage other Vietnamese enterprises to claim back their trademarks appropriated by Chinese.

Vietnamese businesses have been told to take cautious when doing business with Chinese. They have been advised to sign the distribution contracts with Chinese only after they completely register the trademarks in China in accordance with the Chinese laws.

Tien Phong

MORE NEWS

VIETNAM NEWS HEADLINES OCTOBER 6

HCM City to be next destination of Italian Film Festival 2022

2023 AFF Club Championship schedule, structure announced

The 2023 ASEAN Football Federation (AFF) Club Championship will start on September 27 2023, and end on May 15, 2024, the AFF Competition Committee announced at an online meeting on Monday.

HCM City’s dengue fever deaths highest in decade

HCMC recorded some 25 deaths due to dengue by October 2, the highest in a decade, according to the HCMC Center for Disease Control.

Hospitality providers in Hanoi Old Quarter revive

Hospitality providers in Hanoi’s Old Quarter have been gradually recovering from the COVID-19 pandemic. Since March 15, most of them have so far been brought back to life.

After discovery of fake VietGAP-certification, 12 units under probe

After local media reported about vegetables with counterfeited VietGAP certificates, the Ministry of Agriculture and Rural Development (MARD) asked for a review of 12 certification units and threatened to strictly punish any violators.

Another three Vietnamese digital platforms qualify for being popularized

Vietnam is expected to maintain its seventh place in the number of new app downloads globally.

Foreign travel website suggests 10 best things when visiting Vietnam

Kayaking in the waters of picturesque Cat Ba island and taking a food tour to sample delicacies around Ho Chi Minh City are among the 10 best things to do in Vietnam, according to UK-based travel website Time Out.

Vietnam’s coconut kingdom protects organic coconut areas by biological methods

When the trend of consuming organic products is increasingly popular, the development of organic material sources has become an urgent requirement. Protecting these sources has become a great concern of producers in many countries around the world.

Electronics industry capacity must keep up with increased investment

Vietnam needs policies to enable the electronics industry to ready its supply chain as the country becomes ever more attractive for investment, Deputy Director of the Industry Agency under the Ministry of Industry and Trade Pham Tuan Anh said.

VN central bank shifts up interest rates to combat US Fed adjustments

After the State Bank of Vietnam implemented the new operational interest rate on September 23, all joint-stock commercial banks, with the exception of state-owned ones, have adjusted the deposit interest rate for most terms.

HCM City targets international cruise tourists

Ho Chi Minh City has great potential to attract international cruise tourists as part of an effort to speed up tourism recovery post-pandemic, experts said.

Waste criteria lacking for nation’s IPs

Vietnam’s industrial parks are in the process of transitioning to more ecological models, but are struggling due to a lack of regulations on reusing treated waste and wastewater.

Vietnam experiences solid rise in production

The Vietnamese manufacturing sector rose solidly inside growth territory at the end of the third quarter of the year.

VN-Index bounces back from two-year low

The benchmark VN-Index on Wednesday regained the 1,100-point landmark after falling to a two-year low, but low liquidity may threaten the market recovery in the next sessions.
back_to_top