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Trung Nguyen

Manager, IP Enforcement, T&G Law Firm LLC (TGVN)

Biography

Trung Nguyen is a manager of intellectual property enforcement in the Ho Chi Minh City office of T&G Law Firm LLC (TGVN), a licensed law firm and IP agent that partners with Tilleke & Gibbins for local filings in Vietnam. A veteran practitioner who has been working in the intellectual property space since 1995, Trung is ranked as a leading IP lawyer by both Chambers Asia-Pacific and Managing IP, and was named to Asia Business Law Journal‘s A-List of Vietnam’s Top 100 Lawyers.

Over his career, Trung has gained experience in all aspects of IP in Vietnam, including patents, industrial designs, trademarks, copyright, investigation, and enforcement across a wide range of industry sectors. He holds a BS in mechanical engineering and has drafted patents in a variety of technical fields. A qualified lawyer and registered IP attorney, Trung is a member of the HCMC Bar Association, the Vietnam Bar Federation, the HCMC IP Association, and the Vietnam IP Association.

Experience

  • Represented a world-leading ball-bearing manufacturer to orchestrate an administrative raid in which approximately seven tons of counterfeit goods were seized. Provided legal advice and support before the court when the infringer sued the enforcement authority after being hit with a very high fine.
  • Represented two global fashion manufacturers to take a joint raid action against a local company which manufactured counterfeits, with hundreds of children’s clothes seized.
  • Represented a multinational company providing software for manufacturing CNC machines and successfully negotiated with a manufacturer that had been using unlicensed versions of this software to purchase legitimate licenses.
  • Successfully conducted raid actions and market sweeps and sent cease-and-desist letters to various infringers on behalf of a Japanese electronics giant.
  • Represented two European automotive manufacturers to take a joint raid action against a local company which manufactured counterfeit windshields, in which a criminal case was opened against the infringer.
  • Advised a leading U.S. energy drink manufacturer on its enforcement strategy and took successful enforcement actions against various infringers.
  • Represented a multinational consumer goods manufacturer to take a raid action against a local company which manufactured counterfeit toothpaste, in which thousands of tubes of counterfeit toothpaste were seized.
  • Assisted a world-famous fast-food company in successfully fighting multiple infringers which used look-alike marks on their signage, business materials and websites.
  • Represented an e-commerce titan in successfully resolving several cases involving infringers which integrated identical marks in their domain names and signage, misleading consumers that they were branches or related to the company in providing similar online purchase services for Vietnamese consumers.
  • Advised and successfully took legal actions on behalf of a leading international airline company against complex and multiple infringements by a travel agency, which included trademark and copyright infringements, and an act of unfair competition in registering and using a fake domain name/website.
  • Led the team to successfully carry out a strategic enforcement program for a very famous international motor company. The program included a series of actions, such as in-depth investigation into more than 360 targets across several important cities in Vietnam, an extended “warning program” and negotiations with infringers, and an “education letter program” to potential infringers. The program helped the client to quickly achieve a clean market at the time of the opening the client’s official dealership in Vietnam.
  • Pursued enforcement action through Inspectorates of MOST against a local software company incorporating the client’s well-known mark in their trade name. The success of the case encouraged MOST to post the case on its website as a precedent for similar trade name cases, which is a new type of IPR infringement in Vietnam.
  • Negotiated to purchase a domain name on behalf of a global leading international beverage company. The client had no related trademark or other grounds to contest the domain name registration. Investigations were conducted to identify and locate the registrant’s representative, who was then contacted to negotiate the purchase of the domain at a reasonable price.
  • Advised and conducted a raid action on behalf of an international security tools company against a large wholesaler in Ho Chi Minh City which traded in counterfeit locks. The raid was successfully taken through the HCMC Market Management Bureau with hundreds of counterfeits seized and a serious sanction applied to the infringer.
ABOUT Trung

Industries

Automotive

Practices

Dispute Resolution and Litigation

Intellectual Property

Location

Languages

    Vietnamese

    English

Education

    LLB, HCMC Law University

    BS (Technology-Mechanical Engineering), HCMC Polytechnic University

Insights

May 30, 2022
TV game shows play an important role in the Vietnamese entertainment industry, as in the global market. Many well-known game shows from other countries have been franchised or licensed for broadcast in Vietnam, including Who Wants to Be a Millionaire?, Vietnam’s Got Talent, and The Voice, drawing large audiences and generating billions of VND from commercialized activities. Other popular shows have been developed domestically—some wholly original, but many bearing a heavy resemblance to existing shows from other markets, with similar gameplay, similar sets, and even similar names. This raises an interesting question from the intellectual property perspective as to whether owners or creators of game shows can charge these copycat shows with infringement. In other words, are format rights recognized as a copyright and can a game show be protected under intellectual property law? Globally, this is a question without a clear and explicit answer. The Format Recognition and Protection Association (FRAPA), a trade association formed in 2000 to advocate recognition of television formats as intellectual property, strongly believes that format rights are protectable and has been working to convince courts and lawmakers around the world to define these rights under law. However, recognition of format rights is still very limited, and is often determined on a case-by-case basis. A common argument from legal experts is that because the format of a game show is only composed of ideas, which are not protected by law, it cannot be the subject of copyright (for reference, Green v Broadcasting Corporation of New Zealand in 1989). However, others argue that if the format of a game show is an intellectual creation and contains key elements which have unique originality, and it is not just a combination of general and commonplace elements, it can be protected under copyright law (for reference, Meakin v
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January 13, 2022
Intellectual property experts from Tilleke & Gibbins were engaged by ARISE+ IPR, a regional support program funded by the European Union and implemented by the European Intellectual Property Office, to craft a series of IP enforcement guides for Southeast Asian countries, aimed at raising local awareness of the importance of IP protection. The five-year, EUR 5.5 million ARISE+ IPR program supports regional integration through IP cooperation and aims to upgrade national IP systems for creation, protection, utilization, administration, and enforcement to be in line with international best practices and standards and the strategic objectives of the ASEAN Intellectual Property Rights Action Plan 2016-2025. The guides were developed by Tilleke & Gibbins’ lawyers in cooperation with the IP offices of each participating country, and cover issues related to trademarks, industrial designs, and geographical indications. Each guide was produced in a compact leaflet form in English as well as the local language, and is considered an official publication of the respective national IP office. The guides can be accessed from the ARISE+ IPR site (under “Leaflets, brochures and booklets”), or by clicking on the links below: Cambodia: English | Khmer Indonesia: English | Bahasa Indonesia Thailand: English | Thai Vietnam: English | Vietnamese
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August 4, 2021
As Vietnam continues to fight the latest wave of the Covid-19 pandemic with strict social distancing measures, the Intellectual Property Office of Vietnam (IP Office) has issued Notice No. 7581/TB-SHTT dated August 2, 2021 (Notice 7581), extending certain deadlines for IP applicants. The contents of Notice 7581 are similar to those found in Notice 5277 issued in March 2020 during the first wave of the pandemic. Specifically, Notice 7581 reads as follows: All procedures related to procedures to establish industrial property rights (priority claims, supplementation of documents, responses to the IP Office’s decisions/notifications, renewal and extension of the validity of protection titles, payment of fees and charges, and filing of appeal petitions) falling due during the period from June 30, 2021, to the end of August 31, 2021, will automatically be extended to the end of September 30, 2021. For other cases, if an applicant is still affected by the Covid-19 epidemic with regard to the implementation of its rights and obligations in the procedures for establishing rights to industrial property objects at the IP Office, such applicant may request [the IP Office] to apply the clauses on objective obstacles and force majeure as set out in Points 9.4 and 9.5 of Circular No. 01/2007/TT-BKHCN, as amended and supplemented by Circular No. 16/2016/TT-BKHCN. Observations on the Content of Notice 7581 As with last year’s Notice 5277, it is worth noting that the wording of Notice 7581 covers only the procedures to “establish industrial property rights,” rather than all aspects of industrial property rights. Further, it could be understood that it provides a closed list of industrial property procedures that can enjoy this grace period, and that the deadline extensions would apply only to the specific items listed. Thus, it is uncertain if the deadline extension to September 30, 2021,
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Awards & Rankings

September 30, 2024
At the joint Managing IP and Asialaw Awards on September 27, 2024, Tilleke & Gibbins was recognized with two significant firm-level honors. The firm was named Thailand Firm of the Year for the 13th time and Vietnam Firm of the Year for the 11th time. The awards, held at the JW Marriott Hotel in Kuala Lumpur, Malaysia, celebrated firms and individuals who have demonstrated exceptional legal expertise and client service across Asia. Tilleke & Gibbins’ continued recognition in both Thailand and Vietnam reflects the firm’s consistent ability to deliver quality legal services and its leadership in the intellectual property and commercial sectors. In addition to these firm awards, Charunun Sathitsuksomboon, partner in the Bangkok office, received the Thailand Female Lawyer of the Year award, acknowledging her significant contributions to the legal profession and her outstanding client work over the past year. More information on the winners of the Managing IP Asia-Pacific Awards can be found here, and a complete list of Asialaw Awards 2024 winners and nominees is available here.
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September 13, 2024
The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and
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September 12, 2024
Tilleke & Gibbins has once again secured impressive rankings in the recently released Asialaw 2024 rankings. The firm has maintained its position as a top legal service provider across multiple jurisdictions, earning a total of 39 rankings in practice and industry groups, 19 of which are in the highest tiers. The firm’s performance continues to reflect its exceptional client service and legal expertise across Southeast Asia. Tilleke & Gibbins is recognized in all available categories for Cambodia, Laos, and Thailand, demonstrating the firm’s strong presence across the region. In the individual rankings, 22 of the firm’s practitioners have been recognized, including three notable promotions and three new entries: Charunun Sathitsuksomboon (Thailand), newly ranked as a Notable Practitioner for Corporate and M&A. Linh Thi Mai Nguyen (Vietnam), promoted to Distinguished Practitioner for Intellectual Property. Loc Xuan Le (Vietnam), promoted to Elite Practitioner for Intellectual Property. Niti Muangkote (Laos), a new entry as a Rising Star for Banking and Finance. Prisna Sungwanna (Laos), newly ranked as a Distinguished Practitioner for Corporate and M&A and Banking & Finance. Suebsiri Taweepon (Thailand), promoted to Distinguished Practitioner for Intellectual Property and Technology and Telecommunications. Client feedback remains a key component of the Asialaw rankings, with Tilleke & Gibbins earning high praise for its responsiveness and commercial awareness. The firm’s sector-specific knowledge also continues to stand out, with clients expressing their appreciation of the firm’s understanding of their businesses’ operational contexts. For more details and to browse the full rankings, please visit the Asialaw website.
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July 19, 2024
Tilleke & Gibbins has been shortlisted for six awards at the Asialaw Awards 2024. The nominations highlight the firm’s outstanding performance and leadership in Southeast Asia’s legal landscape. The firm has received the following nominations: Regional Corporate/M&A Firm of the Year Cambodia Firm of the Year Laos Firm of the Year Thailand Firm of the Year In addition to the firm nominations, two individuals from Tilleke & Gibbins have been recognized for their exceptional contributions: Prisna Sungwanna – Laos Female Lawyer of the Year Charunun Sathitsuksomboon – Thailand Female Lawyer of the Year The Asialaw Awards celebrate the leading law firms and legal professionals across the region, recognizing excellence in practice and service. The winners will be announced at a ceremony in Kuala Lumpur, Malaysia, on September 26. For more information on the Asialaw Awards 2024 and to browse a full list of the winners, please visit the Asialaw website.
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