Overview of dealing with infringement of intellectual property rights in Vietnam
Despite the fact that Vietnam has concentrated on protecting intellectual property rights (“IPR”), there are still many examples where individuals/organizations have “accidentally or purposefully” infringed on others’ IPR. Using trademarks, trade names, or other identification indications without the owner’s consent is an example of infringement. What is the Vietnamese legal framework for dealing with intellectual property infringement?
Requesting that infringing organizations/individuals cease their actions
When the infringing acts and the infringer have been identified, the IPR owner can send a formal notification to any organization or individual who commits an act of infringement, demanding that such acts be stopped. As a result, the infringement will be asked to stop doing so, issue a public apology or rectification, and pay damages. This is regarded as an IPR owner’s right of self-defense. It’s worth noting that this request must be made in writing and accompanied by proof.
Dealing by civil measure: The IPR owners may file a case in court, if the application to have the infringing organization/individual cease the infringing act is unsuccessful. If sufficient evidence exists to show that IPR infringement occurred, the Court will take the following civil actions against the organizations and people who committed the IPR infringement: Forcing for a public apology and rectification; Forcing for the performance of civil obligations; Forcing for the compensation for loss; Forcing the destruction, distribution, or use for non-commercial purposes of goods, raw materials, and materials, and facilities used primarily for the production or trading of goods that infringed IPR, provided that such destruction, distribution, or use does not interfere with IPR owners’ ability to exploit their rights.
Dealing by administrative measure: In addition to civil remedies, IPR owners have the right to request administrative penalties from relevant authorities for infringement by people or organizations. A warning and a fine are among the administrative penalties for IPR infringement. One or more of the following additional forms may be used, depending on the type and degree of the infringement:
- Confiscation of counterfeit goods in terms of intellectual property, raw materials, materials, and means primarily used for the production and trading of counterfeit goods on intellectual property; and/or
- Suspension of doing business in the field in which the infringement occurred for a definite period.
Administrative procedures to deal with IPR infringement include the following steps:
Step 1: The owner of the IPR drafts and submits a letter to the appropriate authorities requesting that the infringement be investigated.
Step 2: The request letter is accepted by the competent authority.
Step 3: Competent authority requests related parties for explaining the request.
Step 4: Infringement is handled or refuses by the competent authorities.
Step 5: Infringement is recorded by the competent authority, which then issues a decision imposing an administrative penalty
Dealing by criminal measure: Any person who performs an act of IPR infringement with a criminal element will be prosecuted under the criminal law. The following stages are followed in order to resolve a criminal case:.
Step 1: Criminal case initiation
Step 2: Investigation
Step 3: Prosecution: the Procuracy shall make one of the following decisions: (1) Prosecuting the suspect before a Court via the decision to prosecute; (2) Deciding not to prosecute the suspect and dismiss the case; (3) Returning documents for further investigation; (4) Suspending the case; or (5) Dismissing the case.
Step 4: Trial: The presiding judge, shall make one of the following decisions: (1) Hearing the case; (2) Returning documents for additional investigation; (3) Suspending or dismissing the case.
Handling with measure controlling intellectual property related imports and exports: Inspection and supervision to detect items that show indicators of violation of IPR refers to a measure conducted at the request of an IPR owner to collect information in order to exercise the right to request customs processes be suspended. Import and export controls relating to IPR include the following: Suspension of customs procedures for goods suspected of infringement IPR; and inspection and supervision to detect goods showing signs of infringement IPR.
In conclusion, understanding the legislation in Vietnam for dealing with intellectual property rights infringements is crucial. It also serves as a foundation for assisting individuals and organizations in defending their legal rights and interests against violation of others’ intellectual property rights.
(As cited in lexology.com)
*** Other Articles***
– You could visit here to see the Trademark Registration in Vietnam.
– The fee of trademark in Vietnam can be checked here.
– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.
– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.
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