Intellectual property in Vietnam
How intellectual property and resolve intellectual property disputes in Vietnam?
1. IP PRACTICE INCLUDE NEED:
Prepare patent applications;
Enforcement of patent certificates;
Prosecute violations at the administrative and judicial levels.
GV attorneys provide a full range of services related to trademarks and service marks. Use and enforcement of trademarks and service marks, as well as inspection of trademarks.
Drafting a registration application for copyrights and related rights;
Print and online publications;
2. Resolve intellectual property disputes in Vietnam
2.1 About civil remedies
As a rule, in the course of filing a civil case, the owner of the IP right has the right to request the Court to stop the infringement, apologize, publicly damage the infringed goods and compensate for the damage. physically and mentally by the infringer. Damage can be calculated and demonstrated. In addition, during the lawsuit or in the process of settling a dispute, the owner of the IP right also has the right to request the Court to apply Interim Emergency Measures in some specific cases.
In fact, IP rights holders are not proactive in protecting their civil rights by civil means, and in the opposite direction, the civil regime in Vietnam is often not helpful in resolving disputes in process of using IP rights.
2.2 Regarding administrative measures
According to their assigned responsibilities, the state agencies competent to handle IPR infringement are diverse from the Economic Police (Ministry of Public Security); Market Management Department (Ministry of Industry and Trade); Customs (Ministry of Finance), and Inspector of such ministries.
When there is an alleged infringement, the owner of the IP right must find a legal representative of Vietnam to file and handle it before the competent authorities of Vietnam. The request to resolve an infringing act should clearly state the IP object, the person accused of infringement, and detailed information about the individual, the organization, and the resolution.
According to Decree 99/2013 / ND-CP regulations on sanctioning in IP, if the violation is identified, the violated individual/organization may be fined; to be suspended for a definite period of time the production or trading of infringing goods or services; remove the infringing element on the infringing goods or destroy the infringing goods or means of business.
Source: gvlawyers, Banca IP Law Firm
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