THE IMPLEMENTATION OF CPTPP RELATING TO CYBERSQUATTING CAUSED CONFUSION WITH A PROTECTED TRADEMARK IN VIETNAM

Lê Trần Quốc Công 

LL.M, Lecturer, International Law Faculty, Ho Chi Minh City University of Law

Nguyễn Đào Phương Thuý

LL.M, Lecturer, International Law Faculty, Ho Chi Minh City University of Law

In the digital economy environment, domain name appropriation (cybersquatting) to perform acts of unfair competition, especially can cause confusion with a protected trademark is always the key matter with the nations. The mumber of international legal instruments are proposed to be applied within the framework of free trade agreements. In particular, it set up an information linkage system to manage country code top-level domains and pre-domain-trademark dispute resolution mechanisms. These requirements are also recognized in the CPTPP. However, the current domestic legal framework poses many challenges in Vietnam's implementation of these commitments.

Keywords: trademark; country code pond level domain name; domain name misappropriation; cybersquatting; Unfair competition; domain name dispute resolution