Protection of intellectual property rights over commercial advertising products

Article 108.- Protection of intellectual property rights over commercial advertising products

Set-up-company-in-vietnam-Vinasc2Traders shall have the right to register for protection of their intellectual property rights over commercial advertising products according to the provisions of law.

Article 109.- Prohibited commercial advertisements

1. Advertisements which reveal state secrets, are detrimental to the national independence, sovereignty and security, and social order and safety.

2. Advertisements that use advertising products or means of advertisement which are contrary to the historic, cultural and ethical traditions and the fine customs and practices of Vietnam and in contravention of law.

3. Advertisements for goods and services which are banned or restricted from business or banned from advertisement by the State.

4. Advertisements for cigarette and alcohol with an alcoholic volume of 30o or higher and products and goods not yet permitted for circulation or services not yet permitted for provision in the Vietnamese market at the time of advertising.

5. Commercial advertisements which can be taken advantage of to cause harms to interests of the State, organizations and/or individuals.

6. Advertisements using the method of comparing a trader’s goods and service production and business activities with goods and service production and business activities of the same kind of other traders.

7. Advertisements containing untruthful information on any of the following contents: quantity, quality, price, utility, design, origin, category, packing, service mode and warranty duration of goods or services.

8. Advertisements for a trader’s business activities by using advertising products which infringe upon intellectual property rights; using images of other organizations or individuals for advertising purpose without the consent of such organizations or individuals.

Set-up-company-in-vietnam-Vinasc19. Advertisements for the purpose of unfair competition according to the provisions of law.

Article 110.- Commercial advertising service contracts

Commercial advertising service contracts must be made in writing or in other forms of equivalent legal validity.

Article 111.- Rights of commercial advertising hirers

Unless otherwise agreed, commercial advertising hirers shall have the following rights:

1. To select commercial advertising distributors, forms, contents, means, scope and duration;

2. To inspect and supervise the performance of commercial advertising service contracts.

Article 112.- Obligations of commercial advertising hirers

Unless otherwise agreed, commercial advertising hirers shall have the following obligations:

1. To supply commercial advertising service providers with truthful and accurate information on goods and commercial service business activities, and to be responsible for such information;

2. To pay commercial advertising service charges and other reasonable costs.