MEASURES TO HANDLE ACTS OF INFRINGEMENT

OF INDUSTRIAL PROPERTY RIGHTS 

Depending on the nature and seriousness of infringement of industrial property rights, one of the following three types of legal procedures may be applied to protect industrial property rights:

1. Protection of industrial property rights by administrative measures 

Administrative order: This is the process of handling acts of infringing on industrial property rights through administrative measures such as sanctioning administrative violations. Sanctions include: 

- Warning or fine: Applicable to violating organizations and individuals. 

- Deprivation of the right to use the license: Temporarily or permanently. 

- Confiscation of material evidences and means of violations: Ensure not to use violations in the future. 

- Forcible destruction of infringing articles and goods: Ensure that they are not reused.

2. Protection of industrial property rights by civil means 

Civil procedure: Where the right holder may request the Court to apply measures such as: 

- Request to stop infringing: Including prohibition of selling infringing goods. 

- Claim for damages: Including loss of lost profits. 

- Request the defendant to pay the cost of participating in the lawsuit: Including attorney's fees and other costs. 

3. Protection of industrial property rights by criminal means

Criminal procedure: Applied when the act of infringing on industrial property rights causes serious consequences to society and cannot be resolved by administrative or civil measures. Relevant criminal offenses include: 

- Crime of infringing upon copyright and related rights. 

- Crime of infringing upon industrial property rights. 

- Producing and trading counterfeit goods and counterfeit products.

Temporary Emergency Measures

In addition to the formal procedures, the infringed person can also request the Court to apply temporary emergency measures to prevent the infringement immediately. These measures include: 

- Temporarily seize infringing goods and products to ensure that they are not reused. 

- Search and seal infringing equipment and means to collect evidence. 

- Block accounts to ensure compensation for damages.    

Each decision of the court on industrial property rights lawsuits must be expressed in writing and promptly notified to the parties concerned, and the parties have the right to appeal the judgment according to the legal order. 

If you have any problems related to intellectual property, please contact A Dong IP for the most detailed and complete advice. Using the services of industrial property representative organizations such as A Dong IP can help businesses protect intellectual property rights more effectively and professionally.

Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: a-dong.com.vn