2025, Vol. 5, Issue 2, Part E

The global expansion of e-commerce has created vast opportunities for trade but also heightened risks of trademark infringement, as counterfeit goods increasingly reach consumers through online platforms. In Vietnam, the rise of digital commerce under Industry 4.0 has exposed gaps in the legal framework for regulating e-commerce intermediaries. While the 2022 amendment to the Law on Intellectual Property introduced a conditional exemption (safe harbor) for copyright, it did not extend this protection or corresponding duties to trademark enforcement. By contrast, U.S. law rooted in the Lanham Act and developed through cases such as Tiffany v. eBay and Ohio State University v. Redbubble distinguishes between direct and contributory liability, emphasizing actual knowledge and prompt response to infringement notices. Recent initiatives, including the INFORM Consumers Act (2022) and the proposed SHOP SAFE Act, further enhance transparency and platform accountability. For Vietnam, key lessons include codifying platform obligations, strengthening seller verification and notice-and-takedown procedures, and adopting a conditional safe-harbor model for trademarks. A coherent, enforceable framework combining proactive platform responsibility with transparent state oversight will be crucial to protecting brand integrity, consumer trust, and fair competition in Vietnam’s rapidly expanding digital economy.