歐盟、美國及越南法下之著名商標保護

Abstract

過去幾年來，許多擁有著名商標的企業如百事可樂、可口可樂、福特汽車、豐田汽車以及時尚品牌如迪奧、古馳等進軍越南市場並逐漸為越南國內消費者所知悉。此等品牌已成為國內經濟的重要支柱，使得越南必須重視此現實並對其提供合理且必要之保護。 近年來，越南為完善其法律系統努力不懈，尤其於智慧財產領域投注許多心力。隨著與國際經濟秩序體系整合的完成，越南勢必將成為對外國企業而言極具吸引力的市場；知名品牌的進駐與提供相關商品及服務正式其例證所在。因此，促進法律系統對著名商標的保護將日趨重要。吾人必須採取更加具體、有效的措施，透過立法途徑與司法解釋的方式創造投資者能夠信任的友善環境。 本論文將分析與釐清數項與著名商標相關之議題，並借鑒歐盟、美國等向來被認為在著名商標保護上相對先進國家的制度，結合越南法制之現況，提出具可行性的改善方案。

In the past few years, many well-known trademarks in the world have been introduced into Vietnamese market and become familiar brands to domestic consumers such as Pepsi, Coca Cola, Ford, Toyota, fashion brands Dior, Gucci,… These brands have played a huge role in the overall development of the national economy, requiring us to have a rational view and take the necessary care to effectively and promptly protect this matter. In recent years, Vietnam has made many efforts to perfect the legal system in general and in the intellectual property field in particular. In the context that Vietnam is very close to the goal of integrating into the world economy, Vietnam will become a really attractive market for foreign enterprises. The fact anyone can see is that there will be many well-known trademarks of goods and services coming onto the Vietnamese market. The need to improve the legal system to protect well-known trademarks will be needed more than ever. We need to take more concrete and effective actions in the legislative work as well as in the process of applying the law on well-known trademarks protection to create a safe legal environment that foreign investors can trust. This thesis analyzes and clarifies some theoretical issues about well-known trademarks as well as provide some information related to the legal systems considered to be quite progressive in this field, including the European Union and the United States. Also, this thesis will proposes suitable solutions learned from them to apply in Vietnam.