On November 9, 2024, the Vietnamese government introduced Decree No. 147/2024/ND-CP, replacing the outdated Decree 72, to regulate internet services and online information. This new decree is set to govern various online platforms, including online games and social networks. Of particular interest to intellectual property practitioners are the updated guidelines on resolving domain name disputes, especially when trademark infringement is involved.
Under Decree 147, the previous prescriptive actions outlined in Decree 72 for handling domain name disputes have been removed. This shift allows for more flexibility and aligns with the broader scope of the Intellectual Property Law. Additionally, Decree 147 introduces provisions for deactivating domain names in specific situations, such as inaccurate registration information.
The updated regulations in Decree 147 bring clarity to the criteria for resolving domain name disputes. The decree now mandates three clear criteria that must be met for dispute resolution to proceed, including confusing similarity with trademarks, lack of legitimate rights, and bad faith. This focused approach enhances legal clarity and streamlines the resolution process.
Decree 147 formalizes the practice of freezing disputed domain names during proceedings, ensuring that domain names are locked upon request. However, challenges may arise in civil lawsuits where obtaining a preliminary injunction for domain name freezing can be complex. The decree also addresses the process for transferring or canceling domain names post-resolution, granting a 45-day window for the plaintiff to register the domain name.
Despite the positive steps taken by Decree 147, it falls short in providing effective remedies beyond domain name cancellation and re-registration within the specified timeframe. The lack of additional remedies may complicate the resolution process for complainants seeking domain name transfers. The decree also fails to fully address the overlap between domain names and existing intellectual property and information technology laws.
Looking ahead, experts anticipate that the Ministry of Information and Communications will issue a circular to supplement Decree 147, offering further guidance on domain name dispute resolution. A unified framework based on the Uniform Domain Name Dispute Resolution Policy (UDRP) model could enhance brand protection and simplify the resolution process in Vietnam’s digital landscape.
In conclusion, while Decree 147 marks a positive development in regulating domain name disputes in Vietnam, there is room for improvement in aligning legal frameworks and enhancing brand owners’ rights. The forthcoming circular may provide additional insights to address existing gaps and streamline the domain dispute resolution process.
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