The investigation, handling of infringements of intellectual property rights

Acts of infringements of intellectual property rights are stipulated by law:

  • Acts of infringing upon copyright (Article 28, Intellectual Property Law 2005 amended, supplemented in 2019)
  • Acts of infringing upon related rights (Article 35, Intellectual Property Law 2005 amended, supplemented in 2019)
  • Acts of infringing upon the rights to inventions, industrial designs, and layout-designs (Article 126, Intellectual Property Law 2005 amended, supplemented in 2019)
  • Acts of infringing upon the rights to business secrets (Article 127, Intellectual Property Law 2005 amended, supplemented in 2019)
  • Acts of infringing upon the rights to marks, trade names, and geographical indications (Article 129, Intellectual Property Law 2005 amended, supplemented in 2019)
  • Acts of unfair competition (Article 130, Intellectual property Law 2005 amended, supplemented in 2019)
  1. To verify, collect the evidence:
  • Collect the information on infringements of intellectual property rights through advertising, manufacturing business activities on the market (under the territorial area of protection registration )
  • Verifying information that has signs of infringement
  • Damage verification (Principle of determination stipulated in Article 204 of Intellectual property law)
  • Verifying the registration of national or international intellectual property (under the territorial area of protection registration), if violator intends to register or is being considered by a competent authority for the grant of a protection title for an intellectual property object that causes confusion or intent to infringe shall promptly file a complaint, oppose and request to refuse for the grant of a protection title.
  • Intellectual property assessment: An optional step but assessment conclusion is an important document in the process of handling infringement and is considered as a source of evidence for competent authorities to resolve the case. Therefore, intellectual property assessment is a step that should be taken before handling official infringements of intellectual property rights.

However, if it is found the level of infringement is moderate and violator in good faith, it is not necessary to conduct an assessment (comply with the first warning request).

2. Handling of infringement of intellectual property rights:

Based on the results of infringement to collect evidence, the situation of the case that we choose to implement sequential or synchronous measures to handle infringements of intellectual property rights to protect intellectual property rights. (Article 198 of the Intellectual Property Law):

Measure 1: Warning violation

  • Owner of intellectual property right has been infringed directly or through an authorized representative to make a written warning of violation and request the termination of the act and remedy of consequences. 
  • In case the violation subjects fail to fulfill the above requirements or do not comply with the above requirements, measure 2 should be considered.

Note: This measure is not a compulsory measure according to the provision of the current law

Measure 2: Request the State authority that has jurisdiction to handle infringement of intellectual property rights (administrative measures).

  • Acts of infringing upon industrial property rights which shall be administratively sanctioned: Article 211 of the Intellectual Property Law
  •  Procedures for considering petitions for handling infringement of intellectual property rights (Decree No. 99/2013 /NĐ-CP):

+ Within 10 working days, from the date of receiving the written request for violation handling, the competent agency is responsible for examining the validity of the application and enclosed documents and evidence;

+ If documents and evidence provided by the applicant are incomplete, the competent agency may request the applicant to supplement documents or evidence or give explanations within 30 days, from the date of request;

+ The competent agency accepts the case may request the requested party to handle infringement of intellectual property rights to provide information, evidence, and explanation; ask State agencies’ professional opinion on industrial property or ask industrial property assessment to clarify the details of the case;

+ Within 30 days, from the date of receipt of the file that satisfies the application, the competent person shall notify the requesting organization or individual for handling acts of infringement of intellectual property rights of the intended time, procedures, handling measures, and requests for cooperation, and assistance of industrial property right holder in inspection, examination, verification, and violation handling.

Measure 3: Provisional urgent measures

This is the right of an infringed industrial property right owner who is protected in Vietnam to request a court to apply (Article 206 of the Intellectual Property Law)

To collect information, and evidence for intellectual property rights holders to perform their right to request handling of infringements and to request the application of provisional urgent measures or measures to prevent and secure administrative sanctions for infringement.

Measure 4: Civil remedies (Article 202 of the Intellectual Property Law)

  • When an intellectual property rights dispute occurs, the owner of the infringed right has the right to initiate a civil lawsuit to request the People’s Court of the province or city to settle.
  • A court that has the jurisdiction to handle infringement of intellectual property rights shall force a violator of intellectual property rights to perform:

+ Termination of the infringing acts

+ Public apologize and rectification ;

+ Performance of civil obligations;

+ Payment for damages;

+ Destruction, distribution, or use for non-commercial purposes of goods, raw materials, materials, and means used largely for the production or trading of intellectual property right-infringing goods (provided that such destruction, distribution, or use does not affect the exploitation of rights by intellectual property right holders).

Measure 5: Criminal measures (Article 212 of the Intellectual Property Law)

  • Applicable to anyone who intentionally commits an act of infringement of intellectual property rights protected in Vietnam on a commercial scale.
  • When there are signs of an infringing crime, the owner of the infringed intellectual property rights can file a petition requesting the proceeding agency to handle infringement.

For customers interested in the service of Investigation and handling of infringements of intellectual property rights, please contact the following information for advice:

  • Hotline: 076 455 2008
  • Email: info.ipleader@gmail.com