INTELLECTUAL PROPERTY ASSESSMENT IN VIETNAM

When the owner of intellectual property detects rights infringements from other subjects, they can take measures to protect their products and legitimate rights. However, they need to determine precisely and legally, reasonably about that violation. Additionally, the authorities require proof as an intellectual property violation assessment slip issued by Vietnam Intellectual Property Research Institute (VIPRI) – This slip is the result of Intellectual property assessment (ip assessment).

1. What is intellectual property assessment?

According to Article 26.1 of Law on Intellectual Property amended 2009, Assessment on intellectual property is when authorized individuals or organizations use their professional knowledge and expertise to assess and make conclusions on matters related to intellectual property rights infringement.

Subjects of ip assessment:

Copyright and related rights;

Industrial property rights;

Rights to plant varieties.

2. Subjects entitled to request ip assessment:Các chủ thể có quyền yêu cầu giám định sở hữu trí tuệ:

According to Article 40, Decree No. 105/2006/NĐ-CP on the competence to solicit and right to request intellectual property assessment:

Agencies with competence to solicit ip assessment includes agencies competent of settling dispute, handling infringement and settling intellectual property-related complaints and denunciations as defined in Article 200 of Law on Intellectual Property.

Organizations and individuals having the right to request ip assessment includes::

+ Intellectual property right holders; 

+ Organizations and individuals subject to a petition for handling of acts of infringement or intellectual property-related complaint or denunciation;

+ Other organizations and individuals with related rights and interests in an intellectual property-related dispute, infringement, complaint or denunciation.

Organizations and individuals entitled to request assessment as defined in Clause 2 of this Article may directly request or authorize other organizations or individuals to request intellectual property assessment organizations or intellectual property assessors to conduct assessment.

3. IP assessment organization:

Currently only VIPRI is competent of conducting IP assessment in industrial property-related matters

Relating to copyright, related right and the right to plant varieties, There has not been a competent and authorized organization yet to conduct IP assessment in such fields.

4. Contents of IP assessment includes:

– Determination of  the scope of intellectual property right protection.

– Determination of infringement elements, the elements serve as a basis for determination of the infringing object.

– Determination of identicalness or similarity that causes confusion or indistinction, or imitation between the protected intellectual property right matter and the infringing products/services;

– Determination of intellectual property right value and calculation of the level of damage.

5. Purpose of IP assessment:

According to the law’s regulations, IP assessment is not mandatory. 

Article 1.14 of Decree No. 119/2010/NĐ-CP on amending and supplementing Decree No. 105/2006/NĐ-CP on guiding a number of Articles in the Law on Intellectual property regarding protecting intellectual property right and state management of intellectual property defined “written assessment conclusions” as follows:

“Written assessment conclusions serve as a source of evidence for competent agencies to handle cases. Written assessment conclusions do not conclude on intellectual property rights infringements or cases of dispute.”

With this being said, although IP assessment is not a mandatory activity, the assessment conclusion is one of the most important source of evidence to assist right holders as well as competent agencies to determine if an infringement from a third party exists or not, and lay the basis to conduct administrative, civil or penal measures to handle infringements. 

Moreover, an assessment conclusion is also a clear and solid groundwork for the rights holders to make a decision whether they should continue or terminate the request to handle infringements regarding industrial property matter. Besides, rights holders can avoid requesting infringement handling illegitimately or conducting acts that violate other people’s rights and interests.

Customers interested in Intellectual property assessment service please contact us at:

Hotline: 076 455 2008

Email: info.ipleader@gmail.com