Trademark is a sign that distinguishes goods between businesses. In addition, trademarks also help consumers recognize and evaluate a company’s product reviews. In fact, trademarks hold an important place in the trade of goods, services. A trademark that is trusted by consumers; or becomes famous not only in the country but also in other countries will mark the name of the business enterprise. As a result, many trademark infringement acts have occurred. So how will trademark infringement be handled? Let’s find out in this article with LSX Law firm.
Intellectual property law – Consolidated text 07 / VPHN-ONA 2019.
Decree 105/2006 / ND-CP.
How will Trademark Infringement be handled?
According to the provisions of Clause 16, Article 4: “A trademark is a sign for distinguishing goods and services of different organizations and individuals.”
What is an act of trademark infringement? So, Acts of infringing upon intellectual property rights to trademarks are acts of copying, faking, or Unauthorized use of all or part of a registered trademark without the consent of the trademark owner.
Trademark infringement violations.
According to the provisions of Clause 1, Article 129 of the Intellectual Property Law – Consolidated Document 07/VPHN-VPQH 2019.
- Use without permission of the trademark owner.
- Using a sign that is identical to a protected mark in terms of structure, content, meaning and form of expression.
- Used for goods or services identical to those registered for that mark.
- Potentially causing confusion about the origin of goods or services.
- Use a sign similar to a protected trademark. The mark is similar in structure to a protected mark; pronunciation or meaning; content or form of expression.
- Use for goods; services identical or similar to or related to the goods or services registered for that mark.
- Using identical or similar signs or translating meanings; phonetic transcriptions from famous brands.
- Likely to cause confusion as to the origin of the goods; give a false impression of the relationship between the user of that sign and the owner of the well-known mark.
How will trademark infringement be handled?
Right to self-defense
According to Article 198 Intellectual Property Law – Consolidated Document 07/VPHN-VPQH 2019, to protect your trademark:
- Apply technological measures to prevent infringement
- Organization requirements; individuals who commit acts of infringing upon intellectual property rights must stop the infringing acts and apologize; public rectification; Compensation for damage
- To request competent state agencies to handle acts of infringement of intellectual property rights according to regulations.
- sue to court or arbitration to protect their legitimate rights and interests.
How to handle trade infringement?
Civil remedies (According to Article 202 of the Intellectual Property Law – Consolidated Document 07/VPHN-VPQH 2019): Such as, Forced termination of action infringement, public apology and rectification, performance of a civil obligation, compensation for damage. Also, Forcible destruction or forced distribution or non-commercial use of goods, material, material, vehicles used primarily for production; trading in goods infringing intellectual property rights provided that it does not affect the ability of the intellectual property right holder to exploit the rights.
Administrative measures and criminal measures: According to Articles 211 and 212 of the Intellectual Property Law – Consolidated Document 07/VPHN-VPQH 2019 ; Article 4 of Decree 105/2006/ND-CP amending and supplementing Decree 119/2010/ND-CP.
Competence to handle acts of trademark infringement
So, the handling competence varies according to the provisions of Article 200 of the Intellectual Property Law – Consolidated Document 07/VPHN-VPQH 2019:
“1. Within the ambit of their duties and powers, the Courts, Inspectors, Market Managers, Customs, Public Security and People’s Committees at all levels are competent to handle acts of infringement of intellectual property rights. wisdom.
2. The application of civil or criminal measures falls under the jurisdiction of the Court. In case of necessity, the Court may apply provisional urgent measures as prescribed by law.
3. The application of administrative measures falls under the competence of the Inspectorate, Public Security, Market Management, Customs and People’s Committees at all levels. In case of necessity, these agencies can apply preventive measures and ensure administrative sanctions according to the provisions of law.
4. The application of measures to control exports and imports related to intellectual property falls under the jurisdiction of the customs authority.”
Frequently Asked Questions
So, what is a Well-Known Trademark?
A well-known trademark is a mark that is widely known by consumers throughout the territory of Vietnam. According to Clause 20, Article 4 of the Law on Intellectual Property.
So, What are the technological measures to prevent trademark infringement?
Technological measures follow Clause 2, Article 21 of Decree 105/2006/ND-CP. Accordingly, it is necessary to give instructions on the basis of arising, Protection title, Owner,limit, term of protection. And, use necessary technical measures to protect the protective product.
So, When there is a trademark infringement, is there a possibility of criminal punishment?
So the acts of infringing have elements constituting a crime, may be subject to criminal prosecution. Also, the Intentional acts of infringing upon trademark rights will be handled according to Article 226 of the Penal Code 2015 (amended and supplemented 2017).
So, when an enterprise detects an infringement of its trademark, which agencies can resolve it?
So, The enterprise may first request that the infringement stops, by sending a request. Then, If the behavior continues, it is possible to send an application to the Courts, Inspectors, Market Management, Customs, Public Security, and People’s Committees at all levels competent to handle the infringement of intellectual property rights.