IT ' S SMART

Detailed rules and guidelines for certain things of the N Number one. 99 /2013/NĐ-CP

August 29, 2013 - The government rules out the administrative breach in the country.

The area of the company's business. p

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The Administrative Administrative Processing Act of 2012;

The Intellectual Property Law Base in 2005; The Amendment Law, which complements some of the provisions of the Intellecintellectual Property Law in 2009 (later known as Intellecintellectual Property Law);

Base of Protocol 81 /2013/NĐ-CP July 19, 2013 by the Government of the Government rules out certain things and measures the implementation of the Administrative Violation Law;

Base of Protocol 99 /2013/NĐ-CP August 29, 2013 by the Government of the Government to rule out administrative violations in the field of industrial ownership;

Base of Protocol 103 /2006/NĐ-CP September 22, 2006 of the Government Regulation and Guide to some of the provisions of the Intellecintellectual Property Law on Industrial Property; Decree No. 122 /2010/NĐ-CP December 31, 2010 amendment, adding some of the provisions of the Digital Protocol 103 /2006/NĐ-CP September 22, 2006 (the following is called Decree. 103 /2006/NĐ-CP modified);

Base of Protocol 105 /2006/NĐ-CP September 22, 2006, of the Government of Regulation and Guide to certain provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and state management of intellectual property; Protocol No. 119 /2010/ND-CP December 30, 2010 amendment, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP September 22, 2006 (the following is called Decree. 105 /2006/NĐ-CP modified);

Base of Protocol 20 /2013/ND-CP 26/02/2013 The government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Science and Technology;

At the request of the Chief Inspector and the Chief of the Law,

The Minister of Science and Technology regulates details and guidelines that enforce some of the provisions of the Digital Protocol. 99 /2013/NĐ-CP April 29, 2013, of the Government of the Government of the United States, on 29 August 2013, the government rules for sanctions on the administrative sector.

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. The adjustment range:

This information specifies the details and guidelines that implement some of the provisions of the Digital Protocol. 99 /2013/NĐ-CP August 29, 2013 by the Government of the Government to rule out administrative violations in the field of industrial ownership (the following call for Protocol) 99 /2013/NĐ-CP).

2. Subject applies:

a) The organization, the individual has administrative violations in the field of industrial possession;

b) The organization, individuals have the authority to sanct administrative violations in the field of industrial possession;

c) Other subjects are involved in the processing of administrative violations in the field of industrial possession.

What? 2. The subject is sentenced to administrative violations

1. Individuals with administrative violations in the field of industrial possession, including:

a) citizens of Vietnam or foreigners;

b) The business is established and operated by the provisions of the business registration law.

2. The organization has administrative violations in the field of industrial possession, including:

a) A public career unit, political organization, political organization-social organization, professional social political organization, social organization, professional social organization;

b) The economic organization established by the regulation of the Enterprise Law: private enterprise, equity firm, LLC, company of partnership;

c) The economic organization established by the provisions of the Law of Cooperation: the cooperative, the cooperative association;

d) Economic organization established by the provisions of the Investment Law;

Other organizations established by law.

What? 3. Additional execution form

Confiscation of the funeral, the administrative violation stipulated at Point 2 Article 3 and Point A 12 Article 12 Decree. 99 /2013/NĐ-CP is applied to the breach due to the intentional error and has one of the following bases:

1. When it is necessary to ensure the funeral, the vehicle is not destroyed, dislocated, changing the status quo or preventing the ability to lead to the next violation behavior.

2. The goods do not determine the offender.

What? 4. Post-austerity measures

1. Measure the consequences of regulation at Point A 3 Article 3 Decree 99 /2013/NĐ-CP is done as follows:

a) To remove the element of the violation applied to the burial, the means of violation is the product, the goods, the signs, the business vehicle, the sign-of-the-sign, the transaction papers that are attached to the breach of industrial ownership or the associated commercial guidance.

The elimination method can proceed with one or more methods such as: remove, remove, cut, delete, sharper or other appropriate measures to remove the breach of the breach from the funeral, the vehicle for violation.

b) The change in domain name information or repayment of the domain is applied in the case of a violation of the breach request and the party is required to process the unreached breach of the agreement under the provisions of Article 2 Article 27 of the Agreement. 99 /2013/NĐ-CP and the party is required to process the breach not to terminate the registration behavior, occupy the right to use or use the infringement domain name.

c) To change the name of the business, remove the violation element in the name of the business applied when the party is asked to process the breach not to terminate the behavior using an intrud or non-conducting process of changing the name of the trespassing business. notification of the business registry or by the agreement of the parties.

2. Forcing the destruction of goods, mourning, violation of regulation at Point 3 Article 3 Decree Protocol 99 /2013/NĐ-CP Applied to:

a) Counterfeit Trademark or Geographical Guidance; raw materials, materials, vehicles used primarily for production, brand goods forged or geographical instructions; stamp stamps, branded items, fake geographical instructions; stamps, labels, objects, materials, etc. It's a violation of the crime.

b) The goods are no longer value used;

c) The goods harm to human health, livestock, crops and the environment;

d) The goods that the trespassing factor could not be removed from the goods or the removal of the unwarrantable exclusion prevent violation or cannot be applied to other treatment measures.

3. For the goods of violation, raw materials, the means used primarily for the production of the goods of violation, mourning, the vehicle of violation, the authorities have the authority to base the properties, characteristics of the goods and the conditions, the specific circumstances conditions. of the case to decide the appropriate treatment, have consulted on the subject of the rights, the person who asked for the processing of violations and organizations, the individual involved.

After the organization, the individual violated the elimination of the violation factor out of the goods, the violation of the breach may:

a) Allow the organization, the individual to take advantage of the goods, the raw materials for the raw materials of other goods or to allow distribution, use not to profit margins and does not affect the ability to exploit the rights of the subject, in which priority is preferred. for humanitarian purposes, charity or service of social benefits; or

b) Sell the auction to supplement the fund or other measures by the offer and the agreement of the stakeholders in accordance with the regulation at paragraph 4 Article 29 Decree 105 /2006/NĐ-CP I'm sorry

4. Forced To Submit Illegal Gains due to the implementation of the prescribed administrative violation at Point 3 Article 3 Article 3 Decree. 99 /2013/NĐ-CP is applied when there is a invoice, a certificate, a valid document that proves to be organized, that individual has carried out a violation (of the number, the value of the associated breach), and the violation of the breach has been discovered to the time of the inspection, examination.

The amount of illegal income is filed into the State Treasury similar to the procedure of filing a penalty under the decision of administrative sanctions. The case with the jurisdiction of the penalty has an open-deposit account in the State Treasury, and the above income is filed into the custody of the body with the jurisdiction of the penalty. Periodically, the authorities have the authority to dispose of the violations responsible for the return to the State Treasury under the rule of law.

5. Personally, the organization of administrative violations should be subject to all costs for the implementation of the prescribed remediation measure at Article 85 Administrative violation of the Administrative Disposal Laws.

What? 5. Identification of the value of goods, the prescribed violation service at Article 4 Decree 99 /2013/NĐ-CP

1. The determination of the total value of goods, the breach service at the time of the administrative violation specified in Chapter II Decree 99 /2013/NĐ-CP is calculated following the following formula:

The total value of the goods, the (=) the quantity of goods (=) the number of goods, the volume of the (x) violation of the goods, the breach service at the time of the administrative breach.

2. The identification of the value of goods, the breach service complied with the regulation at Clap 1 Article 4 Protocol 99 /2013/NĐ-CP.

The case with the base suggested that the listing price or price scored on the contract or the purchase invoice or the import sheet indicated at Point A 1 Article 4 Protocol. 99 /2013/NĐ-CP is not honest, the authorities have the authority to apply the price in accordance with the following order of order at points b, c 1 Article 4 Decree. 99 /2013/NĐ-CP.

3. The case with no base applies at paragraph 2 This is that the competent person is addressing the case that could make a decision to hold a violation of the breach and establish the prescribed valuation council at Section 3 Article 4 Decree. 99 /2013/NĐ-CP.

4. The case at the time of the inspection failed to detect the evidence as a commodity, the breach service as the basis for the identification of the penalty, the trial authority but there is evidence that the organization, the individual performed the breach and remains in the meantime. The sentence of punishment, the authority of the authority to apply the Article 14 Article 11, paragraph 11 Article 12, paragraph 14 Article 14 Decree 99 /2013/NĐ-CP To be punished.

What? 6. Identitiate the amount of illegal gains due to the execution of administrative violations

1. The illegal gain obtained by the implementation of the administrative breach is the benefit of which the organization, the individual obtained due to the implementation of the administrative breach, includes:

a) Money.

b) Papers are priced;

c) Other assets.

2. Identitiate the illegal gain is money:

a) Base to determine the amount of money organized, the individual violated obtained by the execution of the administrative violation of industrial possession that is equal (=) the amount of goods, the volume of the service that has transferred, consumed, fled, the destruction of the law of the law (x) price.

The number of goods or volume of services has been made determined on the basis of the organization's manifest, the individual breach and inspection, the verification of the competent person.

The price is determined on the basis of a filing, the word of the organization, the individual infringement or market price of the goods, the same service.

Where the number, the volume, the order, the illegal gain is the full amount of the organization, the individual obtained from the breach.

b) The case of transfer, consumption, pipe, destruction of the laws of goods is the prohibition, contraband, counterfeit goods, or provision of conditional business services: the amount of organization, the individual violation obtained by (=) the amount of goods, the volume of services already transfer, consumption, pipe down, destroy legal (x) legal;

c) In addition to the goods, the service stipulated at this point b, the transfer case, consumption, exit, destruction of the law of goods or other services: the amount of organization, the individual violation obtained by (=) the amount of goods, the volume of service transferred franchisor, consumption, pipe, destruction, the destruction of the legal (x) bill except (-) the cost directly constitutes goods or services (if the organization, the individual violation has full profile, evidence to demonstrate the legitimacy, validity of those expenses).

3. The case with no grounds to determine the number of illegal benefits is the predetermined amount at clause 2 This is the amount of illegal gains identified as a valid or other property.

The illegal number of benefits is that a valid or other property is determined in accordance with the guidelines of the Ministry of Finance stipulated in the amount of illegal gains that are due to implement administrative violations of the administrative breach to add to the state budget.

Chapter II

VIOLATION OF ADMINISTRATIVE DETENTION

Item 1

The conduct of a regulatory violation of industrial property management

What? 7. Behavior violations regulations on the protection of the public ownership of regulation at Article 6 of the Decree 99 /2013/NĐ-CP

1. The behavior of only false instructions on the state of regulation at Point b 1 Article 6 Decree 99 /2013/NĐ-CP is understood to be the use of misleading instructions that the object is being protected for industrial ownership in Vietnam despite being unprotected or unprotected, including the case that the object has already filed a registration, but has not been granted a degree. Protonation or protonation has been cancelled, termination of effect or expiration of the protection deadline, for example:

a) In on the product, goods, packaging of goods, business vehicles, business vehicles, the service of the only misleading information about the product, goods, services bearing the branded trademark such as: "trademarks have been registered for exclusive protection", " the trademark has been told. "," the trademark of the exclusive ... ", including the use of the signature ® sign (the only label that has been issued with the trademark registration certificate);

b) In on the product, goods, packaging of products, goods that lead to misleading information about the product, patent protection, type of industry such as: "products, goods protected exclusively by industrial stymias", "products, goods are protected." Patent monopoles "," products produced from the patent protected process of ... ", including the use of the letter" P "or" Patent " and the digits (instructions on the product issued by Patent-in patent monopoly).

2. The misguided or non-writable behavior of the goods produced under the contract using the industrial ownership object in accordance with the regulation at Point 1 Article 6 Decree. 99 /2013/NĐ-CP It ' s understood:

a) The conduct of false instructions is that the behavior on the goods of the letter "is produced by the contract using the industrial ownership object of ..." or the instructions for such a similar meaning, regardless in Vietnamese or foreign language, but have not yet been transferred to use. The legal object of the law is legal.

b) The non-writable behavior is a non-writable behavior on the goods, the packaging of goods that lead to the goods produced by the contract using the label.

What? 8. Behavior violations regulations on the representative industrial ownership of regulation at Article 7 of the Decree 99 /2013/NĐ-CP

1. Behavior "at the same time represents the parties to the dispute over the ownership of the industry" stipulated at Point A 2 Article 7 Decree. 99 /2013/NĐ-CP is understood to be one of the following acts:

a) Make one or some of the service-owning representative services stipulated at Clause 1 Article 151 Intellecintellectual Property Law for both the processing party and the party is required to handle the violation of industrial ownership in the same incident;

b) Perform one or several industrial-owned representative services stipulated at Clause 1 Article 151 Intellecintelligence Property Law for the side of the objection procedure, request for cancellation, termination of the protection of the protection of the protection, the handling of the breach while representing the person. filing, the protonitanship of the procedures relating to the establishment, execution, protection of industrial ownership in the same incident.

2. The act of intentionally obstructs the establishment, implementation and protection of industrial ownership that damages the person with the right and the relevant interest stipulated at Point 2 Article 7 Decree Protocol. 99 /2013/NĐ-CP is understood to be one of the following acts:

a) Try to delay the filing of an industrial ownership register, the application for violation of the breach and the documents, other records in the process of the establishment, implementation and protection of the right of the party's industrial ownership represented without the correct reason;

b) Taking unaccurate information about the legal status of the protonated diploma, the application of industrial ownership, the application for violation of the breach and the documents, other records in the process of identification, implementation and protection of the ownership of industry as an influence on the site. the right and the right to the right of the master;

c) In order to identify and protect industrial property rights without a law base to slow down the settlement of the authority of the competent organ, causing physical damage, morale to the person with authority and related benefits;

d) Do not perform or perform untrue of the obligation of an industrial ownership representative.

3. Industrial ownership has a serious crime while a representative practice does damage to the interests of the state or society stipulated at the point b 4 Article 7 Decree of the United States. 99 /2013/NĐ-CP is understood to be one of the following acts:

a) Registration of the password abroad when not authorized by the competent authority;

b) Revealed information, unpublished documents, state secret property information during the implementation of the industrial ownership representative service;

c) Rent or lease the certificate of an industrial ownership representative service.

What? 9. Behavior violations regulations on the regulation of industrial ownership stipulated at Article 8 of Decree 99 /2013/NĐ-CP

1. The information secret disclosure behavior is known to conduct an operation without permission from the relevant stakeholders at point b 3 Article 8 Decree Protocol. 99 /2013/NĐ-CP is understood to be one of the following acts:

a) The information secret, document provided by the authority with the jurisdiction of the appraisal, the person who asked for an industrial ownership of the property to provide in connection with the settlement;

b) Revealed information, unpublished documents, state secret property information, business secrets, provided by the authorities, who asked for the provision of the provision to carry out the appraisal.

2. Behavior taking advantage of the regulation and operation of the operation to deport the regulation at Point A 4 Article 8 Protocol 99 /2013/NĐ-CP is understood to be one of the following acts:

a) Taking advantage of the organization of the organization, the examiner or the active participation of the operation to impact, to influence organizations, individuals involved in illegal income;

b) The activity is not in the correct field of enrollment in the Business Registration Certificate, the Registration Certificate works for illegal income.

3. The intentional act of making false conclusions about the fact stipulated at point b 4 Article 8 Decree 99 /2013/NĐ-CP It ' s understood that intentional behavior makes no legal basis, not right with the information, the document is provided to proceed with the judge.

Item 2

Violation of industrial ownership

What? 10. Behavior infringes on industrial ownership on the Internet

1. Behavior is considered to meet regulatory conditions at 1, 2 and 3 Article 5 Resolve Protocol. 105 /2006/NĐ-CP The amendment and behavior that happened on the Internet, but aimed at consumers or users in Vietnam, was also concluded that the behavior violated industrial ownership and was given a prescribed violation by regulations at the terms of 10, 11, and 12. - 99 /2013/NĐ-CP.

2. The owner of the national name of the organization, the other individual who performs the behavior at Clause 1 This is also considered to be a violation of industrial ownership and is subject to regulation at Articles 10, 11, and 12 Decree. 99 /2013/NĐ-CP.

What? 11. Behavior invasion of patent rights

When determining the violation of the right to the patent must follow the regulation at the terms 5 and 8 Decree. 105 /2006/NĐ-CP modified and some of the following instructions:

1. The product/process product/process is considered to be a duplicate or equivalent to the product/product division/process protected under a certain point (independent and dependent) of the protection requirement of the patent monopoly/proprietary solution. is useful if all of the underlying (characteristic) techniques outlined in that point are present in the product/product division/process reviewed in the form of a duplicate or equivalent, in which:

a) The two signs (characteristics) techniques are considered to coincide if that sign has the same nature, the same purpose, the same way to achieve the purpose and the same relationship with other signs stating in the protection requirements;

b) The two markers (characteristics) techniques are considered equivalent to each other if the same nature or possibly interchangable, have the purpose of use and the way to achieve the purpose of using the same basic.

2. If the product/process product/process is considered not to contain at least one sign (characteristic) the underlying engineering stated in a certain point of the protection requirement the product/product division/process is considered to be non-identical/not equivalent to the product. product/product/process protected by that point.

What? 12. Behavior infringes on the type of industrial

When determining the violation of the right to an industrial style must follow the regulation at the terms 5 and 10 Decree. 105 /2006/NĐ-CP modified and some of the following instructions:

1. Product/product portion of the considered product is considered a copy of the protected industrial style if the product/portion of that product has a set of external styroform features containing all the basic and unfundamental character features of the styroform. The industry is protected.

2. The product/product portion of the product is considered for the nature to be considered a copy of the protected industrial style if the product/portion of that product has a set of external styraforming features containing all the basic styroform characteristics of the industrial style. Protonation, only difference in character traits is not easily recognizable, memorabated.

3. The overall case the features of an external form of a product/portion of the product is considered a copy or of the nature of being a copy of the set of the external stymarks of at least one product in the industrial-style set of products. Security is also considered to be an invasion of that kind of industrial.

4. The basic styroform of the protected industrial style is understood to be an easily recognizable character, memorabated, used to distinguish this industrial-style overall with a different type of industry. The set of basic character features can be cube shapes, lines, correlation between block and/or line features, the color features identified on the basis of the photograph/drawings attached to the proprietary type of industrial style.

What? 13. Behavior breach of rights to trademarks

When determining the violation of rights to the label must follow the regulation at the terms 5 and 11 Decree. 105 /2006/NĐ-CP modified and some of the following instructions:

1. The base assessing the confusion of the mark of the mark with the label that is being protected includes:

a) The range of protection for the overall, each component of the label; the same level of the sign with the overall label and with the components with the ability to distinguish it from the label, the component special of a strong impression on the label. consumer;

b) The relevance of the goods, services of function, use, component, component, distribution, distribution, selection, use of goods, services; conditions, methods, distribution sites, distribution, marketing, marketing, sales, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing, marketing It ' s a service.

c) Specification, the level of attention of consumers when selection, purchase of goods, services;

d) Other criteria such as: practical use and protection of similar labels for the same type of goods; the effect of other factors creates the intervision of the relationship between goods, services being considered with goods, services protected;

A certificate of mistaken consequences for consumers may be used to support a misleading assessment of the use of signs but not the mandatory conditions in making conclusions about the ability to cause harm. The mistake of using the sign.

2. Determine the element of the violation of the rights to the label:

a) The case uses signs of an infection with the label for the goods, services that coincide with the goods, services identified at the trademark registration certification or the International Registration Label certification are protected in Vietnam or the International Registration Report. The brand name of the Organization of the World Intellecintelligence Organization, it does not need to consider the ability to confuse consumers about goods, branded services;

b) The case uses signs of an infection with a trademark for goods, similar or related services; using a similar sign to the label for goods, duplicate services, or similar or related to goods, services in the catalog of goods, services associated with it. according to the label that has been identified at the trademark registration certification or the International Registration Label certification issued in Vietnam or the International Registration of the World Intellecscriptions Organization, it is necessary to consider the possibility of causing the certification. It ' s confusing consumer goods, branded services.

3. Determine the element of violation of rights to the famous brand:

a) The case uses signs of a duplicate or similar to the famous label or sign in the form of a translation, a transcription from the famous label for goods, any service including goods, non-duplicate, non-similar, and non-related goods. Well, the service of the commodity catalog, the famous brand-branded service, needs to be able to assess the ability to confuse the source of goods, services, or about the relationship between people who use that sign with the owner of the brand.

b) The case of using a duplicate sign or similar to the famous label by regulation at Point A 3 This is not likely to be confusing to the source of goods, services but causing false impression on the consumer about the relationship between the person. Using that sign with a prominent label owner is also considered a violation of industrial ownership;

c) When filing a request for a violation of the famous label, the right subject to the right to provide evidence that proves that label has been famous in Vietnam under the regulatory criteria at Article 75 of the Intellecintellectual Property Law, does not depend on the label's label. It was registered in Vietnam.

d) Before the decision was made to proceed with violations of the breach, the agency had the authority to deal with the breach of the base at the specified criteria at Article 75 of the Intellecintellectual Property Law for consideration, judging by a label that is considered to be famous in Vietnam. The agency with the authority to handle the breach may exchange professional opinions with the Bureau of Intellecknowledge Property and/or take the advisory council opinion.

The famous label case in Vietnam is recognized by civil proceedings or by the decision to recognize the Bureau of Intellecknowledge Property, the violation agency that may be based on relevant documents to consider acknowledging the label deemed to be considered a "criminal." It is known in Vietnam if the recognition of the famous label of the above bodies at the time of the request of the breach is consistent.

What? 14. Behavior invasion of rights to trade names

When determining the violation of rights to the trade name must follow the regulation at the terms 5 and 13 Decree. 105 /2006/NĐ-CP modified and some of the following instructions:

1. The base to consider the violation of rights to the commercial name is that the commercial name protection range is defined on the basis of evidence that expresses the use of that trade name legally, which identifies the business subject, the business base, and the business. business and product operations, commercial name services, namely:

a) The proof of proof that the trade name is used in the business area (e.g., used at where there are customers, you row or have a reputation through advertising, marketing, distribution) in the legal business sector (recorded in the paper), as well. certification for business registration, business registration certification, investment registration certificate, a certificate of sufficient business conditions for the conditional business professions, registration of tax code, the charter of the company registered with the agency has a certificate of interest. jurisdiction or papers with other legal value);

b) The timing begins to use and process use: that trade name has been and is being visited by your customers, customers know through goods, services, business practices (e.g., commercial names are being used on goods, purchase contracts, orders, etc.) Goods, business transactions, customs documents, customs documents, tax revenues and other trading papers.

2. Business registration certification, business registration certification, investment registration certificate, business condition certificates, tax code registration, corporate charter is seen as evidence to prove the legitimacy of the business activity. business under the name of trade. The name of the business base, the name of the business that records in the above licenses is only considered commercial names when there are documents that prove the business base name, that business name is used in the practice of legitimate business operations and meets the conditions. Protection under regulations at the 76th, 77th and 78 rules of Intellecintellectual Property Law.

3. The case of the use of trademarks, industrial styles, trading names, geographical guidance, and dispute arise, the treatment of compliance at Article 6 of the Intelleclogical Property Law, Article 17 of the Decree. 103 /2006/NĐ-CP amended, Article 27 Decree 99 /2013/NĐ-CP and follow the following specific instructions:

a) Based on the document, the evidence proves that the moment of birth, to establish the right to obey the principle of the right to the object that was born, was established first.

In case the parties involved have evidence of their rights to be born, legally established, the parties exercise their rights within the scope and the protection deadline and the exercise of the right not to violate the interests of the State, the public interest. plus, the legal rights and interests of the organization, the other individual and not in violation of the other provisions of the law are relevant;

b) The base in the office of protection, certification, validation of the authority with authority and related documentation, contract content, legal agreement between parties to determine the scope of the protection against the subject is simultaneously conserved as property subjects. It ' s different wisdom.

c) The commercial name case, the place-bearing label that is used before the geographical designation or label bearing the corresponding address issued by the protector and these objects all meet the statutory protection conditions, the use of the name is used. A true way of speaking on the above is not considered a violation by regulation at g points, paragraph 2 Article 125 of the Intellecintellectual Property Law.

4. The case of using at the same time as the subject states at this point, which affects the rights, the interests of the third party, the consumer, the society, and the requirement to handle the breach, the agency with the authority to handle the breach requires the parties involved. agreement and written record between the parties on the condition, the way to use those objects in accordance with the procedure stipulated at paragraph 2 Article 27 Agreement 99 /2013/NĐ-CP For the continued use of the alleged use of other people's industrial ownership without participating in the agreement or not making the right agreement has been noted, the authorities with the authority to handle the breach will continue to conduct the procedure. It's a protocol for the United States. 99 /2013/NĐ-CP.

What? 15. Behavior of violation of geographic guidance

When determining the violation of the right to the geographical directive must follow the regulation at the terms 5 and 12 Decree. 105 /2006/NĐ-CP modified and some of the following instructions:

1. The base assessing the mistrability of the signal with a geographical directive can be applied appropriately similarly to the way to apply the misleading assessment base of the sign to the protected brand.

2. Product, violation of the possible violation:

a) Product of the same type that bears a sign with the geographical instruction produced locally in the protected geographical area but does not meet the quality quality condition that carries that geologic instruction;

b) A product of the same type bears a duplicate indication or similar to the geographical instruction but is not produced locally in the protected geographical instruction region, including the case that the product has the corresponding parameters of the quality, attributo the product. manufacturing and product management;

c) A product of the same type that carries a duplicate of the same or similar geographical instruction produced locally in the protected geographic area and meets the unique quality conditions but the organization, the individual producing that product. is not organized by the organization that management of that geographical instruction is licensed to use only geologic instructions;

d) The same product carries an accretic or similar sign with a geographical directive intended to take advantage of the reputation, the prestige of geographic instructions and/or misleading the geographical origin of the product, regardless of where the product production is of the region bearing geographical guidance. Okay, okay, okay, okay.

What? 16. Behavior violations of stamps, labels, items

1. violation of regulation at Article 13 Decree 99 /2013/NĐ-CP is applied in the event of an organization, the individual who discovers stamps, labels or items that carry a trademark or a fake geography that has not been attached to the product but has enough base to determine that stamps, labels, items will be attached to the product to make the market. School (e.g., through purchasing contracts, printing contracts, declarable documents with jurisdiction, envelope samples, stamps containing stamps, labels, items of infraction that are in storage, shipping, and sale).

2. Tem, label, other items prescribed at Article 13 Decree 99 /2013/NĐ-CP is understood to be the manufacturer ' s stamps, distributors, importers to attach the product, including quality test stamps (KCS) that contain the element of violation; the label of goods; the subject of product packaging; product packaging; the product department can separate but not be circulated. Independently, printed on it, cast, stamp out the label, guiding the geocorgeal.

What? 17. The behavior of goods transit violates industrial ownership.

The agency has the authority to handle the process of overtaking the industrial ownership of industrial ownership in the event that the owner of the industrial ownership has sufficient basis to prove that the transit of goods causes damage to the subject of rights or damages to consumers. In Vietnam.

What? 18. parallel import

1. parallel to regulation at paragraph 2 Article 26 Decree 99 /2013/NĐ-CP is the organization, the individual importing the product owned by the owner or organization, the individual is transferred to the right to use, including the transfer of use under the mandatory decision, who has the right to use before the industrial ownership object that has launched the market. in water or abroad in a legal way, though not by the consent of the owner of the industrial ownership.

2. The organization, the individual who does a parallel import behavior is not considered to be a violation of industrial ownership and is not fined the administrative breach.

What? 19. unhealthy competitive behavior in the field of industrial ownership.

1. The behavior of using only commercial instructions is confusing:

a) The subject has the right to ask for the conduct of conduct using the misleading trade directive as the owner of the business that has used before regulatory guidelines stipulated at paragraph 2 Article 130 of the Intellectual Property Law in a broad, stable way in business operations. It is legal in Vietnam to be known to the prestige of business and business owners, the service that carries only that trade.

b) The trade directive stipulated at paragraph 2 Article 130 of the Intellecintellectual Property Law consisting of industrial property objects (trademarks, trading names, geographic instructions) and the following objects:

-"merchandise labels" as writing, prints, drawings, drawings of letters, drawings, stickers, prints, prints, molding, touch, engrave directly on the goods, packaging of goods of goods or on other materials that are mounted on goods, product packaging of goods. Merchandise.

-"Business slogan" is a group of words that appear next to the business name or label tied to the product of the business aiming to emphasize the purpose or business criteria of the business or the customer object that the product aims to.

-"Business symbols" are symbols, letters, drawings, blocks that are designed in a unique way and are considered symbols of business use in business operations.

-"The packaging style of the goods" is the design, the decoration of the goods of goods, including shapes, lines, drawings, letters, numbers, colors, patterns, and combinations of colors, combinations, and combinations, and combinations of the above elements. of the packaging of goods.

c) The trade directive misleading is that the trade directive contains signs (constituent elements, how to present, the combination of factors, color, overview of the consumer to the consumer), or the same confusion with the same commercial instructions. The subject of the right to require a non-healthy competitive behavior that is used for goods, services, or similar.

The use of the instructions stated above aims to confuse consumers about business owners, business practices, commercial origins of goods, services, geography, geographic origin, how to produce, feature, quality, quantity or other characteristics of the business. merchandise, services, or conditions that provide goods, services.

d) The subject of a non-healthy competitive behaviour treatment of the use of commercial instructions caused confusion to provide evidence of proof:

-The business owner has used a widely, stable, widely used trade directive in Vietnam, which may include: information about advertising, marketing, exhibition displays; sales revenue; the number of products sold; the company ' s products and services are used. The rationing agent, joint venture, link; the scale of investment; the assessment of the state agencies, the media, the consumer information, the consumer and other information that expresses the credibility of the business subject tied to the commercial direction in the country. active business in Vietnam;

-The side is required to handle the use of misleading trade instructions on goods, packaging goods, business vehicles, service vehicles, advertising vehicles.

2. Registration behavior, possession of the right to use or use domain name:

a) The subject has the right to ask for the disposal of registration behavior, which occupies the right to use the domain name or use the domain name as the trademark owner, the geographical directive, the commercial name that used these objects in a broad, stable way in the legal business operation, is known to the Vietnamese consumers in the field of information related to prestige, the reputation of the owner of industrial ownership and goods, branded services, geographic instructions, that trade name;

b) Registration behavior, possession of the right to use or use of the domain name is considered a non-healthy competitive behaviour of industrial possession, except that the domain has been allocated through the form of auction or enforced matrices at Point 2 Article 48 of the Company. The Telecommunications Act, which belongs to one of the following cases:

-Using a Vietnamese national name ". vn" has a self-made or similar sequence of self-confusion with trademarks, trade names or geographic instructions which are being protected or widely used to advertise, introduce products, salads, sales of goods, services and services. coincide, similar or relevant on the electronic information page that addresses the domain name that leads to; confusion and benefits or damages the prestige, reputation or matter to the label owner, commercial name, or only that geographical guide; or whether or not.

-Registration, which occupies the right to use the national name of Vietnam ". vn" has a self-branded array with trademarks, trading names or prestigious geographic instructions, reputation in Vietnam and has an organizational proof base, the individual only registered, occupying the right to use the name. Domain to resell to profit or impede trademark holders, commercial names, only protected geographical instructions;

c) The subject requires the handling of the registration behavior, which occupies the right to use or use the domain name deemed to be unhealthy competitive behaviour on the property that provides the following proof evidence:

-The sovereign has used the brand, the geographical guide, the commercial name in a wide, stable manner, which is well known by consumers in Vietnam, the reputation of the owner of industrial and cargo ownership, the branded service, the geographical directive, the name. That trade (may be information on advertising, marketing, exhibition display; sales revenue; number of products sold; the rationing system distribution, joint venture, link; investment size; assessment of state agencies, public information), and more. They, the consumer ' s choice and the other information that express credibility, the reputation of the business subject, the goods, the branded service, The only geographical name, the commercial name.

-For behavior using domain names considered to be unhealthy competitive behavior on industrial possession: the subject of a handling requirement must prove to the subject of a request for handling used domain names on the Internet to advertise, introduce products, salads, sell and sell. merchandise, duplicate services, similar or relevant, do damage to the prestige, reputation or matter to the label owner, commercial name or geographical directive being protected; and the party is required to handle the continued use of the brand name, commercial name, and the name of the company. The geographical guide is confusing through that domain, although it has been branded by the owner, the commercial name, or the geographical directive that requires an end to use. .

For registration behavior, the seizure of the right to use the domain name is considered a non-healthy competitive behavior of industrial possession: the subject of a claim to the prosecution must prove that the party is required to be registered, but does not use the domain name containing the same characters. The brand name, commercial name, geographical guide has been widely used and reputable, reputable in Vietnam; and has a proof base on the side of the request for registration only, taking over the right to use the domain name for resale to profit or impede label owners. Signs, commercial names, that geographer is being told to register the domain.

-The party is required to handle no legal rights and benefits to the label, the geographical only, the commercial name that has been protected by the owner of the rights.

What? 20. Reuse, repair, product recycling, product packaging and packaging.

Where the organization, the individual reusable, the repair, the recycling of the product, the brand packaging, the commercial name, the geographical directive that has been given the subject of the right to the market to create another product is also considered to be a violation of industrial ownership. or the competitive behavior is not healthy if the use is confusing to consumers about the commercial origin of the product, business subject, business activity or the properties of the product according to the corresponding regulation of the violation of property rights. It ' s not healthy, industrial and competitive behavior.

This regulation does not apply in the case of a product that has a clear announcement of the product, the packaging of products that are reused, repaired, recycled, and has removed signs that are potentially confusing to consumers about the commercial origin of the product. Business owners, business owners, business activities, or properties of products under the respective regulatory practices of an infringement of industrial ownership and non-healthy competitive behavior.

What? 21. Business Media

The business of business rules at Clause 15 Articles 11 and Points b 15 Article 14 Decree 99 /2013/NĐ-CP is understood to be any means attached, containing the subject of protected industrial ownership or only commercial guidance and used to serve business operations (e.g., electronic information pages, referring documents, cards, transport facilities, and more. loads and items, decorated in a business facility).

Chapter III

BREACH PROCESSING PROCEDURE

What? 22. The mandate to handle violations

The authorized text requires the processing of the violation when submitted by the order of the violation of the breach to meet the conditions under the stipulation at Article 23 of the Protocol. 99 /2013/NĐ-CP and note some of the following cases:

1. The root proxy text that includes the authorized proxy content of the protection of industrial ownership filed in earlier records for the same violations agency, the subject of the right to submit a copy and only the original text of the authorized text.

2. The original authorship text that includes the authorized proxy content of the protection of industrial ownership has submitted to the Department of Intellectual Property or other competent authority, the subject of the body 's confirmation of the agency' s confirmation of the original text. Copyright.

What? 23. The application for breach of violation

1. The violation of the violation of the breach must meet the conditions under regulation at Article 24 of the Protocol 99 /2013/NĐ-CP.

2. For the documents, the certificate is accompanied:

a) Copy of certificates, protonation, certificates, and other documents that are considered valid if the subject of the original publishing rights to the object or copy of a competent organ or copy of the original authority. The officer receiving the certificate of confirmation on the copy has been shown to the original and without the confirmation of the witness body or the issuing of certificates, documents, certificates;

b) The dissolution of the rights subject (in terms of revenue, prestige, advertising, and extensive use of evidence, copies of certificates, protonated texts in other countries) provided for the treatment of the breach to be considered valid if a commitment is in charge of the law. The content, information of the program and the signature for confirmation and stamp stamp (if any) of the copyright holder or the legal representative of the subject of the rights. If a multi-page solution is used, the owner of the right may have to sign up on each page or seal the receipt from the page (if any).

This provision is also applicable to the document due to the party being required to process the supply of supply.

3. For the document that proves the right to require a violation of the breach:

a) The document that proves the commercial name holders are the documents, artifacts that demonstrate prior use and legal name legal in the business sector and the business sector meet the regulatory conditions stipulated at the terms 76, 77 and 78 of the Law of the Law. Intellectual property;

b) The document to prove that the owner of the secret business is the document proving that the organization, the individual holding the legal hold and has conducted information security measures considered to be a regulated business secret at the 84 and 85 rules of the Intellecintellectual Property Law;

c) The contract for the use of industrial property, the statute of use of the collective label, the license to use a geographical directive without the consent of the agreement or restricting the rights to the rights to be used by the person to be used. It is allowed to carry out the procedure required by regulation of a prescribed violation at the United States. 99 /2013/ND-CP, with the owner of the right to not have the text opposed to the implementation of that procedure.

In addition to the documents, the evidence proves the right to be prescribed at Article 24 of the Decree. 105 /2006/NĐ-CP modified, the subject of the right to be able to submit a copy of the document that proves the rights to the subject and the original publication to the object.

4. In a single-offense processing request, the right subject may require a handling of:

a) One or more of the violations associated with one or more of the industrial ownership subjects due to the same organization, the individual performed;

b) One or more of the violations associated with an industrial property object due to multiple organizations, individuals; and others.

c) The case of the right to file a request for handling one or more organizations, individuals who perform violations in the same locale, the subject of the right to only submit a petition to the agency with the authority to handle on that locality;

d) The case of the right to file a request for handling one or more organizations, individuals who perform infringed behavior in different localities, the subject may be able to submit a request to the agency with a jurisdiction over local or filing a single for the agency. The central government has jurisdiction over violations of those localities.

5. The case of many different agencies with the authority to handle a infringed behavior is the owner of the right to choose one of those agencies to file a request for disposal.

What? 24. Review, single processing of violation of violation processing

1. The case of a bill requiring a breach of the breach has been sufficient evidence of industrial forgery goods, goods that have violated rights to trademarks, geographic instructions, industrial styles, the authorities have the authority to coordinate with the subject of the right to conduct the bar. Look, check, dispose of the breach in accordance with Article 2 Article 2 Article 25 Decree. 99 /2013/NĐ-CP.

2. The single case requires that the breach of the breach has not been sufficient evidence for industrial forgery goods, the goods that have violated rights to the label, geographical guidance, industrial styroform; the application for breach of violation of patent, layout design, brand name, and name. In secret, business secrecy; the requirement to handle a non-healthy competitive behavior on industrial ownership, the authorities may require the parties to provide information, evidence, and work on a ten-day period, since the date is set in notice. Where the correct reason may be recommended by writing with the authority of the authority over the extension of the answer time but not more than thirty days, since the date is set in the initial notice as specified at Point 2 Article 25 and Point A. Paragraph 3 Article 25 Decree 99 /2013/NĐ-CP.

a) The case of the parties has had the opinion of the process at the request of the competent authority but appears in the situation, the new evidence in the incident, the competent authority may require the parties to request, respond to the solution, provide additional evidence in accordance with the rules. At Section 6 Article 26 Decree Numbers 99 /2013/NĐ-CP The corresponding deadline is regulated up here.

The parties may provide the authority with the authority to process violations of professional opinion by the state governing body of industrial ownership, the document concluded the ownership of the industry, the decision to resolve the dispute, the decision to handle the case. The relevant or similar violation of the competent organ and the documents, the other evidence to demonstrate the request, argument, process, and clarify the details of the incident.

b) The case text case of the parties has not yet clarified the details of the incident and at the suggestion of one or the parties the authorities have the authority to organise work directly with the parties. The editorial writing of the opinions of the parties is considered a proof to resolve the incident;

c) The case of parties reached an agreement on the solution to the solution of the case in accordance with the laws of intellectual property, and does not affect the rights and interests of the third party, the consumer and the society, the authorities have the authority to record that agreement. And the announcement of the decision to stop solving the case is stipulated at Clause 2 Articles 27 and point 2 Article 28 Decree. 99 /2013/NĐ-CP.

3. The case of a bill requiring a criminal trial is filed to many authorities with a jurisdiction over the same violation, the first receptor will have the authority to resolve. The owner of the right to inform other authorities about the application has been resolved.

a) Before the incident is served, if the application of the application is known to have jurisdiction over other charges or the Court has accepted the case, the agency receives the application to reject the application.

b) After processing the incident but not conducting an inspector, examination, breach of the breach, if the single receptors body information has other processed authority information that conducted the inspector, test, breach of the breach or the Court is serving the case, the body is processed. The application of the report refused to proceed with the breach.

c) After the inspection of the inspector, examination, if the agency's handling agency knows that other agency information has conducted the inspection, the test agency requires the agency to have a coordinated and unified agency for a body to conduct the procedure. Fine. The other agency conducted a violation of the breach, but at the time of the inspection, the inspection still found the organization, the individual who was carrying out that breach, the violation of the violation of the breach of the breach with a severe increase in the situation was recommitted.

d) During violation of the breach, if there were signs of a crime, the agency's handling of the case shifted the case to the authorities investigating the breach.

What? 25. Provide breach of breach information

1. The case at the request of the owner of the property rights or of persons with authority to resolve the dispute or sanctipation of the agencies, the other organization pursues to the provisions at Section 5 Article 26 Protocol 99 /2013/NĐ-CP The agency with the authority to process the breach provides a copy of the copy of the copy, document, specimen, photograph, and a photo-related to the breach, and with the provision of information, that document does not affect the effect of handling the incident and not of the school. The rules of the law.

2. The case is required to handle the regulation violation at Article 24 of the Protocol 99 /2013/ND-CP, The agency with the authority to handle the breach sent a written statement, the decision to execute, the notice of rejection, or a halt to a breach of the breach for the organization, the individual requesting the treatment of the breach in accordance with the law.

What? 26. breach of breach processing

1. The Intelleclogical Property Bureau, the Institute of Intelleclogical Property Sciences and the competent authorities that violate the right of industrial ownership have a responsibility to coordinate violation of the breach when receiving a request for a coordinated violation of the breach in Clause 1 Article 29 Decree. 99 /2013/NĐ-CP.

2. The coordination of the breach processing related to the corporate name violation of the intellectual property law is made in accordance with the guidelines at the Relevant Information between the Ministry of Science and Technology and the Ministry of Planning and Investment.

3. Coordination of a breach of violation related to the domain name violation of the intellectual property law made in accordance with the guidelines at the Relevant Information between the Ministry of Science and Technology and the Ministry of Information and Communications.

What? 27. Coordination of a product-related breach of the product, goods affecting health, environment, social safety and health.

1. When receiving a bill of infringement or detection of an infringement of industrial ownership in relation to the product, the goods have an impact on health, the environment, social safety stipulated at the point b 3 Article 22 Decree Protocol. 99 /2013/ND-CP, The agency with the authority to handle the breach may require the person to request a request for a breach of the breach, the document, the evidence, as specified at the point of a paragraph 3 Article 25 Decree. 99 /2013/NĐ-CP or in coordination with the subject of the right to conduct inspection, check, verify, gather evidence. On the basis of reviewing the documents, the evidence, the authorities with the authority to sanctiate the violation of the following texts:

a) The text concludes the invasion of industrial ownership; and/or

b) The decision to punish the administrative violation by jurisdiction.

2. The case of an agency with a jurisdiction over the violation of the text that concludes the violation of the prescribed industrial ownership at the Point of One Article the authorities have the authority to submit that conclusion text to the subject of the rights and the breach and facilitate the breach. The parties themselves agreed, negotiated in the thirty-day period since the date received this conclusion.

a) The case of the parties has reached an agreement and proposed the solution of settlement in accordance with the rule of intellectual property law, which does not affect the rights and interests of the third party, the consumer and society as prescribed at Clause 2 Article 27 of the Agreement. 99 /2013/NĐ-CP then the authorities have the authority to deal with the breach of the document, report that agreement, and stop solving the case;

b) The case of parties did not reach an agreement in the specified deadline, the authorities have the authority to dispose of the breach of inspection, test, breach of the breach.

3. The Agency with the authority to handle the violation of a breach of a breach of the breach, the document informs the agreement of the parties or the decision to punish the administrative breach of the industry's state governing body, the relevant field for coordinating violation of the breach.

What? 28. Work on the case when there is a dispute

1. In the event of a prescribed dispute at Clap 1 Article 27 Decree 99 /2013/ND-CP, The competent organ of employment may require the state governing body for intellectual property to clarify the legal status of industrial ownership, namely:

a) Information on the ownership, rights to use, transfer of rights to the subject of a dispute, complaint, denounce;

b) The scope of protection of the ownership of the industry is related; the extent, the conditions that apply the regulations on cases of not being considered to violate industrial ownership;

c) The possibility of termination, the cancellation of the protection of the office of protection, change the scope of the protection of the relevant industrial ownership.

2. Stop the procedure of handling the breach when there is a prescribed dispute at Point A 2 Article 28 Decree. 99 /2013/ND-CP:

a) The authority has the authority to review the breach of the breach after having the application of the application of the breach in the following case:

-When the state management agency ' s announcement text on the property of the industrial property had lodged a petition for cancellation, the end of the protection of the protonated text, complaints about the scope of the protection of the industrial ownership associated with the object in the order to handle microprocessors. scope; or decision to decide the court ' s rationing of the breach; or the complaint, disputes the ownership of the industry in relation to the object in the order to handle the breach;

-When there is a content case involving a dispute between the parties in terms of the right to use an industrial property.

b) The decision to stop the resolve of the incident must specify the base, the reason, the right, the obligations of the stakeholders and be sent to the party to the disposal of the breach, the party is required to handle the breach and the authorities have the authority to resolve the dispute, the complaint.

3. The authority has the authority to request the owner of the program, committed by regulation at Point b 1 Article 27 Protocol 99 /2013/NĐ-CP and consider conducting the processing based on the following bases:

a) The defendant's request for a breach of the breach filed a request for cancellation, termination of the protection of the office, but has not yet been given a competent authority;

b) The side of the request for a breach of the breach filed for an object protection application filed in the application of a violation of the breach at the state governing body for industrial possession but has not yet made a decision to grant a degree of protection;

c) The request for a violation of the requested breach of the request continues and is committed to the required compensation responsibility at B Point 2 Article 32 Protocol 99 /2013/NĐ-CP in the case of a decision to punish the amended administrative breach, the cancellation, the suspension of the force in accordance with the decision to resolve the dispute of the competent organ.

4. deny violation of the breach:

Prior to the application of a single-offense request, if the breach processing agency receives a document's application notification of the authority listed at the point A 2 This is the violation of the violation of the Prescribed Violation. At the point of One Article 28 Decree 99 /2013/NĐ-CP.

What? 29. The authority of the Head of the Inspector General of Science and Technology

The Chief Inspector of the Department of Science and Technology, Head of the Inspector General of the Department of Science and Technology used the stamp of the presiding agency to conduct the inspection while issuing the text to apply the measures to carry out the inspection mission. specified at 1 Article 53 Inspector of Law.

What? 30. Support of industrial property rights in the operation of inspection, inspection, verification, and breach of the breach.

1. The owner of the ownership of the industry has a requirement to handle violations that can propose a collaborative content of technical assistance, including information, documentation, travel media, technical equipment and personnel for the authority with the authority to investigate, verify, collect evidence, The procedure for the funeral, the prescribed violation at the point of Article 2 Article 25 Decree. 99 /2013/NĐ-CP.

2. The cost of assisting the investigation, verification, evidence collection, funeral processing, violation in the field of industrial ownership stipulated at Clause 1 This is considered a reasonable cost to protect industrial ownership and be accounted for by the cost of manufacturing. published by decree at the Decree 103 /2006/NĐ-CP I'm sorry

Chapter IV

THE ORGANIZATION.

What? 31. Effect of execution

This message has been in effect since August 11, 2015 and replaces the Digital Digital. 37 /2011/TT-BKHCN December 27, 2011 of the Minister of Science and the Technology Guide to some of the provisions of the Digital Protocol. 97 /2010/NĐ-CP September 21, 2010, the Government is planning to punish the administrative breach in the field of industrial ownership.

What? 32.

1. The chief of subordinate units of the Ministry, the head of the agencies, organizations and the individuals involved are responsible for this practice.

2. In the course of execution, if there is an entangriation of the agencies, the unit reflects in time to the Ministry of Science and Technology for the study, the solution guidance ./.