Recommendations for Improvement of Laws and Regulations for Trademark Pricing Services in Vietnam

Abstract

In Vietnam, there have been many obstacles and difficulties in pricing for trademark transfer. Firstly, there have been the legal drawbacks including the incompatibility, conflicts among the legal instruments governing the same issues, Vietnamese provisions of law being not consistent with international practices and standards, the vagueness of the provisions of law in respect to pricing and bases for price in trademark transfer and so forth that have challenged the application of law. Vietnamese laws have been lack of the provisions to prevent and enforce against transfer price by means of trademark transfer. Besides, the weakness of database infrastructure has considerably affected on the estimation of price in trademark transfer in Vietnam. Furthermore, the shortage of valuation experts who specialize in trademark valuation has been also the big problem in consideration of price in trademark transfer. In order for successful commercialization of trademark, these encumbrances and challenges must be resolved as soon as possible. Research results show us that among vital challenges is quantifying brand asset that contributes to value of shareholders.