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VOL. 7, ISSUE 4 (2025)
Trademark protection mechanisms on E-Commerce platforms: A legal analysis of the European Union and lessons for Vietnam
Authors
Tran Minh Duc
Abstract
In the context of rapid digital
transformation, e-commerce has become an important distribution channel that
enables businesses to expand their markets, but at the same time increases the
risk of trademark infringement through sophisticated forms such as misleading
advertising, trading in counterfeit goods, cybersquatting, and exploiting
platform functions to disseminate infringing products. Traditional legal
regulations, originally designed for physical transactions are no longer
flexible enough to promptly address infringements that occur with great speed
and wide reach in the online environment, thereby requiring a combination of
legal frameworks, monitoring technologies, and the responsibilities of
intermediary platforms. In Vietnam, the State has undertaken notable reforms
such as strengthening the obligations of e-commerce platforms to control
information and goods, expanding regulatory authority, and concurrently
applying civil, administrative, and criminal measures against trademark
infringement. However, enforcement effectiveness remains limited due to the
heavy reliance on right holders to detect violations on their own, inadequate
monitoring capacity of competent authorities, and sanctions that are not
sufficiently deterrent. Meanwhile, the European Union has established a
comprehensive and harmonized legal framework across Member States, clearly
defining the responsibilities of intermediary service providers, mechanisms for
online content regulation, and procedures for resolving domain-name disputes,
thereby creating a foundation for cross-border trademark protection. These
experiences offer valuable insights for Vietnam in improving its legal system,
enhancing transparency, applying technological solutions, and strengthening
cooperation among stakeholders to build a safe and sustainable e-commerce
environment.
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Pages:120-124
How to cite this article:
Tran Minh Duc "Trademark protection mechanisms on E-Commerce platforms: A legal analysis of the European Union and lessons for Vietnam". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 120-124
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