THE ROLE OF E-COMMERCE PLATFORMS IN TRADEMARK PROTECTION: A STUDY OF EUROPEAN UNION LAW AND LESSONS FOR VIETNAM
E-commerce is expanding rapidly, offering business opportunities but also intensifying trademark infringement risks. Online platforms serve as essential intermediaries yet often escape clear legal responsibility. In Vietnam, current laws mainly address copyright, leaving trademark protection fragmented. By contrast, the European Union has developed a more comprehensive regime through the E-Commerce Directive, the Digital Services Act, and landmark rulings (L’Oréal v. eBay, Coty v. Amazon, Louboutin v. Amazon). These establish a balance between conditional liability exemptions and proactive duties such as seller verification, product traceability, notice-and-take-down, and transparency reporting. For Vietnam, aligning its framework with EU practices, particularly by extending liability provisions to trademarks and clarifying platform responsibilities would strengthen brand protection, safeguard consumers, and enhance digital commerce integrity.
Keywords: E-commerce, Trademark protection, Intellectual property rights, Online platforms, Intermediary liability
