Domain registration and protection in vietnam

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An article on:
“DOMAIN NAME REGISTRATION AND
PROTECTION UNDER VIETNAM’S LEGAL SYSTEM”
Not only is a link to the website, domain names also play an important role in terms of brand
identity, market expansion, customers and partnerships, as well as information promotion and
opportunity to access Vietnam and worldwide markets. However, according to The Economist,
one-quarter of Vietnamese and multinational enterprises which operating in Vietnam has
registered their domain name “.VN”. Besides that, less than one-fifth firms has registered for
more than one domain name.
Meanwhile, cybersquatting, typosquatting and bitsquatting, the classic form of domain name
infringement, are significantly increasing. These infringements may lead to consumer confusion
or lost web traffic, and even result in brand dilution, risk increasing, and loss of business
reputation.
Therefore, the domain names registration and the penetration of Vietnamese legal system for
protecting your domain name are very necessary. In the context of further and deeper
integration and globalization, the usage of the domain name “.VN” to protect Vietnam and
multinational companies’ brands will help enterprises avoid loss of rights and consolidate the
value of their brands in the international trade environment.
By Ann Pham (Ms.)
Chief Consultant || IP Attorney
PATON CO., LTD.
Technology and Intellectual Property Support, Consultant
Add: No. 70, Nguyen Truong To Street,
Ward 12, District 4, Ho Chi Minh City, Vietnam
Tel: (+84) 8 68 270 170
E-mail: info@paton.vn; Web: www.paton.vn

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I. REGISTRATION OF DOMAIN NAMES IN VIETNAM
1. General principles for “.VN” domain name registration
In Vietnam, domain name is governed by the Law on Information Technology 2006 (IT Law). The
principles of “.VN” domain name registration are equality, non-discrimination, “first come, first
served” basis. This principle allows the first person to register their domain name, regardless of
whether or not the brand belongs to them.
Because domain names ending “.VN” are still not governed by the Law on Intellectual Property (IP
Law), if the characters of intellectual properties, as marks which even protected by IP Law have
not yet been registered in domains name, they are not eligible for online protection. All things
above are cause of the conflict.
2. Registration procedures of “.VN” domain name
Currently, “.VN” national domain names and 12 of lower-level domain names are registered with
the VNNIC through accredited registrars. The registrant with a local presence in Vietnam can
choose domestic registrar, and the foreign registrant can register “.VN” domain name at either
domestic or international registrar.
The registration procedures and application forms will be requiring differently by chosen registrar.
Besides, the VNNIC does not currently require registrant to submit evidence of ownership of IP
rights or business license name in the domain name they are expecting to register. As same as
other countries, the minimal period of “.VN” domain name is one (01) year.
3. Complaint settlement
If having technical complaints about the registration procedures, allocation and maintenance of
“.VN” domain names, registrant shall send written complaints to their domain name “.VN”
registrar for consideration and settlement. The settlements are provided in accordance with
current provisions of Vietnamese law.
II. PROTECTION OF DOMAIN NAMES IN VIETNAM
1. Types of “.VN” domain name infringement

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With the Internet usage, the number of “netizens” has increased significantly over the past 10
years, and is expected to grow rapidly over the next decade, types of “.VN” domain name
infringement in Vietnam are also wider variety. However, there are three main types of
infringements, includes: Cybersquatting, Typosquatting and Bitsquatting.
2. Results of infringement
The domain name infringements could result in confused consumers, lost web traffic, lost e-mails
and in some cases, it can lead to a lawsuit from consumers against the intellectual property rights
holders. I.e. registrants of cybersquatted or typosquatted domain names may create e-mail
address which are confused similar to the rightful owner e-mail. Or infringer may sell products
which make consumer believing that they have purchased from an authentic website.
3. Methods of the dispute prevention and resolution
3.1. Prevention measures
Currently, most enterprises omitted the registration of Vietnamese national domain names
ending “.VN”, even doing business in Vietnam. This has resulted in a number of disputes between
domain names and trademark, or between domain names and trade name in Vietnam.
Therefore, the registration of Vietnam national and/or additional surrounding domain name is
considered as the key measures for preventing disputes. Simultaneously, it will also expand the
protection for their domain name, trademark and trade name.
3.2. Dispute resolution measures
Currently, to resolve <.VN> domain name disputes, the Vietnam legal system provided in two main
branched of IT Law and IP Law. So there are three options to handle the infringed domain.
First Approach: Negotiate mediation; Arbitration remedies; Civil lawsuit.
- Send the Cease-and-Desist letter
- Negotiation

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- Arbitration Remedies
- Civil Remedies
Second Approach: Administrative measures through Acts of Unfair Competition
According to Article 130(1)(d) of IP Law 2005, the administrative measures can be conducted if
registration, possession or use rights to use domain names.
Third Approach: Trademark infringement
Before sending warning letter to the registrant, it is appropriate for considering seeking the
written opinion from the VIPRI in order to enhance the chance of success.
Conclusion
In comparison to the money, time and effort which the enterprises have to spend for mentioned
options in order to acquire or get their domain name back from the other registrants, the
registration and annual maintenance fees of domain names ending “.VN” are not a large amount.
Therefore, before the restrictions on domain name registration are provided, for example,
necessitate submitting a registered trademark or business license matching the domain name
which identical with or confusingly similar to the intellectual properties which was legally
protected, early registration of domain names is still the most effective option for enterprises.