Photo, Manh Hung Tran

Manh Hung Tran

Partner
BMVN International LLC

Biography

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.

He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.

He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Practice Focus

Hung’s practices cover both contentious and non-contentious aspects of IP law, including trademarks, copyright, design, unfair competition, anti-counterfeiting, anti-piracy, domain names, commercial IP transactions including franchising and licensing arrangements, trade secret, and technology laws.

Hung has represented some of the world's largest multinational companies in all aspects of commercial IP, including franchising, licensing arrangements, and setting up their commercial presences in Vietnam (including their retail stores and e-commerce platforms).

While Hung's practices run the full gamut of IP work, he also has rich experience in the Telecommunications, Media, and Technology (TMT) practice, advising multinational corporations on data privacy, cybersecurity, e-commerce, offshore social media, digital services, data breach and incidents, and other emerging technologies. He has been assisting international film studios and streaming clients with various film and TV series productions in Vietnam.

Representative Legal Matters

Contentious IP

  • Handled successful cases in trademark infringements, oppositions and cancellations for a wide range of brand owners in various sectors including media, fashion, medical products, technology, and consumer goods.
  • Acted for leading multinational firms operating in technology, cosmetics, and consumer products in one of the very first domain name cases before the World Intellectual Property Organization. 
  • Acted for global brand names in luxury products and fashion in several anti-counterfeiting and anti-piracy raid actions against infringers in Vietnam.

Non-Contentious IP

  • Handled large trademark portfolios management for world-wide brands in sectors of medical devices and health care, consumer products and retail food supplement.
  • Handled large trademark portfolios management for renowned media corporations.
  • Successfully assisted the client on a cross-border trademark case involving several jurisdictions including Vietnam, Russia, EU, US, Japan, Korea, Australia.

Dispute Settlements

  • Advised a number of joint venture companies in Vietnam on settling internal disputes between foreign Vietnamese partners in terms of organizational structures and working relationships between representatives of both foreign and Vietnamese partners. 
  • Advised on a landmark litigation case for the Vietnamese Government in conjunction with Baker & McKenzie’s US offices.

Data Privacy & Cybersecurity

  • Advised a firm on data leakage and incidents. 
  • Advised an international university on cybersecurity and data breach issues.

TMT Sector

  • Advise streaming clients and industry associations on a draft Cinema Law with direct advocacy to the Vietnam National Assembly Members and Drafting Team from international best practice in terms of film classification, ratings and age gating, etc.
  • Actively involved in the development of the Draft Decrees on the management, provision and use of internet services and online information; e-Commerce, including certain application for online game services, among others.

Professional Honors

  • Band 1 (Intellectual Property, Vietnam) – Chambers Asia Pacific, 2017-2022
  • A client appreciates his "ability to provide excellent advice using plain language and his exceptional services", Chambers Asia Pacific, 2022
  • Certificate of Merit from Vietnam's Ministry of Justice for his outstanding contribution and achievements in the implementation of the State's (i) 10-year strategy on the development of the legal profession and (ii) project on developing local lawyers in support of international economic integration up to 2020
  • Leading Individual (Intellectual Property, Vietnam) – Legal500 Asia Pacific, 2008 – 2022
  • Gold Band (Enforcement and Litigation, Prosecution and Strategy Vietnam), Recommended (Transactions, Vietnam) – WTR1000, 2021
  • Trademark Star (Vietnam) – Managing Intellectual Property, 2021
  • Recommended Expert (Vietnam) – IAM Patent 1000, 2021
  • Managing Intellectual Property “IP Star” award -  Managing Intellectual Property, 2016 – 2019
  • WIPR Leaders - Patents and Trademarks - World Intellectual Property Review, 2018
  • WIPR Leader 2017 - Trademark - World Intellectual Property Review
  • Passionately Client Driven Award - Annual Global IP Best Practice Awards 2014 & 2018 - for his extraordinary efforts in client services and development involving the firm's global and regional key clients and other major fashion brands from the US, France, Italy, Spain, etc.
  • Lawyer of the Year – The Vietnam Lawyers’ Federation, the Ministry of Justice and Legal Magazine in 2009

Professional Associations and Memberships

  • Serving as a member of the Asia Global Advisory Council (GAC) for 2022 - 2023 (International Trademark Association)
  • Member of Hanoi Bar Association (Vietnam)
  • Arbitrator of Vietnam International Arbitration Centre at Vietnam Chamber of Commerce and Industry (VCCI)
  • Member of International Trademark Association (INTA)
  • Member of Vietnam Intellectual Property Association
  • Former Chairman of the Legal Committee of the American Chamber of Commerce in Vietnam (Hanoi Chapter)

Admissions

  • Vietnam (2001)

Education

  • Kyushu University School of Law (Master of International and Business Law) (2000)
  • Hanoi Law University (LLB in Economic Law) (1995)
  • Vietnam Judicial Academy (Lawyer Practicing Certificate)
  • Vietnam National Office of Intellectual Property (VNIPO - IP Agent Practicing Certificate)

Languages

  • English
  • Japanese
  • Mandarin
  • Vietnamese

Previous Offices

  • Hong Kong
  • Co-author, "Ensuring protection of children's personal data," Vietnam Investment Review, December 2021
  • Author, "Bridging Vietnam and Japan - insights on investment into Vietnam for Japanese investors," Bridges Magazine, August 2021
  • Co-author, "Making sense of requirements in data localisation," Vietnam Investment Review, August 2021
  • Author, "Vietnam Develops National Science and Technology market," AsiaIPLaw, August 2021
  • Author, "The EVFTA and Vietnam’s IP regime", AsiaIPLaw, September 2020
  • Author, "Consolidating protection for IP rights," Vietnam Investment Review, March 2020