Circular 11/2015/tt-Bkhcn: Detailing And Guiding The Implementation Of A Number Of Articles Of Decree No. 99/2013/nd-Cp On 29/8/2013 Of Government Sanctioning Administrative Violations In The Field Of The Department Hữ ...

Original Language Title: Thông tư 11/2015/TT-BKHCN: Quy định chi tiết và hướng dẫn thi hành một số điều của Nghị định số 99/2013/NĐ-CP ngày 29/8/2013 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực sở hữ...

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CIRCULAR detailing and guiding the implementation of a number of articles of Decree No. 99/2013/ND-CP on 29/8/2013 of government sanctioning administrative violations in the field of industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of law handling administrative violations in 2012;
Pursuant to the 2005 intellectual property Law; Law on amendments and supplements to some articles of the law on intellectual property 2009 (hereinafter referred to as intellectual property Law);

Pursuant to Decree No. 81/2013/ND-CP dated 19/7/2013 of Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 99/2013/ND-CP on 29/8/2013 of government sanctioning administrative violations in the field of industrial property;
Pursuant to Decree No. 103/2006/ND-CP on 22/9/2006 by Government detailing and guiding the implementation of some articles of the law on intellectual and industrial property; Decree No. 122/2010/ND-CP dated 31/12/2010 amending and supplementing a number of articles of Decree No. 103/2006/ND-CP on 22/9/2006 (hereinafter referred to as the Decree 103/2006/ND-CP);
Pursuant to Decree No. 105/2006/ND-CP on 22/9/2006 by Government detailing and guiding the implementation of some articles of the law on the protection of intellectual property the intellectual property rights and state management of intellectual property; Decree No. 119/2010/ND-CP on 30/12/2010 amending and supplementing a number of articles of Decree No. 105/2006/ND-CP on 22/9/2006 (hereinafter referred to as the Decree 105/2006/ND-CP);
Pursuant to Decree No. 20/2013/ND-CP on 26/02/2013 of government functions, tasks, powers and organizational structure of the Ministry of science and technology;
According to the recommendation of the Chief Inspector and Director of Legal Affairs, the Minister of science and technology, detailing and guiding the implementation of a number of articles of Decree No. 99/2013/ND-CP on 29/8/2013 of government regulation on sanctioning administrative violations in the field of industrial property.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular detailing and guiding the implementation of a number of articles of Decree No. 99/2013/ND-CP on 29/8/2013 of government sanctioning administrative violations in the field of industrial property (hereinafter referred to as the Decree 99/2013/ND-CP).
2. Objects: a) the Organization, individuals with administrative violations in the field of industrial property;
b) organized, competent individual sanctioning administrative violations in the field of industrial property;
c) other subjects relevant to the handling of administrative violations in the field of industrial property.
Article 2. The subject was sanctioning administrative violations 1. Individuals with administrative violations in the field of industrial property, including: a) Vietnam citizens or foreigners;
b) Households and business to be established and operated under the provisions of the legislation of business registration.
2. Organization of administrative violations in the field of industrial property, including: a) business units, political organization, social-political organizations, social organizations, social organizations, civil society organizations;
b) economic organization established in accordance with the corporate law, including: private enterprises, joint stock companies, limited liability companies, partnerships;
c) economic organisation established under the provisions of the law on co-operatives include: cooperatives, cooperative association;
d) economic organisation established under the provisions of the investment law;
DD) other organizations established according to law provisions.
Article 3. Additional sanctions confiscated exhibits, means of administrative violations specified in point a of Paragraph 2 of article 3 and art. 12 article 12 of the Decree 99/2013/ND-CP is applied for violation of intentional fault and have one of the following bases: 1. When necessary to ensure exhibits the media was not infringement, destruction, pipe, changing the status quo or prevent likely to lead to subsequent violations.
2. The goods cannot be determined.
Article 4. Remedial measures 1. Remedial measures specified in point a of paragraph 3 of article 3 of the Decree 99/2013/ND-CP is done as follows: a) the Forced removal of offending elements are applied with respect to exhibits, means of infringing goods, products, signage, media business, transaction papers attached signs infringe industrial property rights or commercial clue to cause confusion.
Removal methods may be conducted by one or more modes such as: uninstall, remove, cut, delete, grinding or other appropriate measures to remove offending elements out of the exhibits, the media breached.
b) forced the change domain information or return the domain name to be applied in case of processing requirements violate party and side were asked to handle violation of not reaching an agreement as specified in paragraph 2 to article 27 of the Decree 99/2013/ND-CP and the party being asked to handle violation does not terminate the registration acts , seized the right to use or used the domain name in violation of.
c) forced the change of company name, remove offending elements in a corporate name to be applied when the parties were asked to handle violations do not cease the behavior using the business name or not conducting business name change procedure compromised by announcements of business registration agency or by agreement of the parties.
2. Forcing the destruction of goods, exhibits, the media breached prescribed in point d of article 3 paragraph 3 of the Decree 99/2013/ND-CP applied for: a) fake goods a trademark or geographical indication; raw materials, materials, vehicles are mainly used to produce counterfeit goods business, trademarks or geographical indications; label, branded items, geographical indications fake; the stamps, labels, articles bearing the offending elements;
b) of goods no longer worth using;
c) of goods harmful to human health, animals, plants and the environment;
d) goods which infringe the element could not be removed out of the goods or the removal does not guarantee permanent halt to violations or not be applied to other disposal measures.
3. For goods, materials or means to be used primarily for the manufacture of goods infringing, exhibits, the media breached then the competent agency based on the nature and characteristics of the goods and the specific circumstances, the conditions of the incident to decide appropriate disposal measures There, consult the owner's rights, the request handle violated and organizations and individuals involved.
After the Organization, individuals violating remove offending elements out of the commodities, the agency handling the offense can: a) allows organizations and individuals violating the advantage cargo, raw materials for the production of material goods or allow the distribution, use not intended to profit and does not affect the ability to harness the power of the subject in which priority humanitarian, charitable or social interests; or b) auction to supplement public funds or other measures as proposed and agreed upon by the parties concerned in accordance with the provisions of paragraph 4 Article 29 Decree 105/2006/ND-CP.
4. Forced return of illegal benefits have been due to the implementation of administrative violations specified in point h paragraph 3 of article 3 of the Decree 99/2013/ND-CP applies when there are bills, vouchers, valid documents prove that individual organizations have made violations (have the number , the value of the goods enclosed violations) and commodities violations were detected to the time of the inspection, check.
The amount of the illegal profits are remitted to the State Treasury is similar to application of penalties under administrative sanctions decision. Competent authority cases sanction temporary currency account opened in the State Treasury the money profit is filed on the temporary account by competent authorities sanction. Periodically, the Agency has jurisdiction to handle violation of responsibility to return it to the State Treasury in accordance with the law.
5. Individuals, organized administrative violations must bear all costs for the implementation of remedial measures as specified in article 85 of law handling administrative violations.
Article 5. Determine the value of goods and services infringing under the provisions of article 4 of the Decree 99/2013/ND-CP 1. The determination of the total value of goods and services at the time the violations administrative violations specified in chapter II of the Decree 99/2013/ND-CP is calculated according to the following formula: total value of the goods or services violate the equal (=) the quantity of the goods, the volume of service violation of (x) the unit cost of the goods the service, the violation at the time of administrative violations.
2. Determining the value of goods and services in violation of compliance with the provisions of article 4 paragraph 1 of the Decree 99/2013/ND-CP for the base case that the listed price or the price indicated on the contract or Bill of sale, or import declarations referred to in article 4 paragraph 1 point a Decree 99/2013/ND-CP is not honest, the competent bodies apply the price in the the next priority order defined in point b, c paragraph 1 article 4 of the Decree 99/2013 issued. 3. Case no base applied the provisions in paragraph 2 of this Article, the competent people are the may decision on hold exhibits violated and founded the Council valuation according to the provisions in paragraph 3 article 4 of the Decree 99/2013 issued. 4. The case at the time of the inspection does not detect exhibits is goods, services of the violation as a basis for determining the penalty framework, the authority sanction but there is evidence of individual organizations have made violations and still in time sanction, the competent bodies apply the clause 14 article 11 Paragraph 11, article 12, paragraph 13 article 14 of the Decree 99/2013/ND-CP to sanction.
Article 6. Determine the number of illegal benefits have been due to the implementation of administrative violations 1. The number of illegal benefits have been due to the implementation of administrative violations as account benefits that organizations, individuals obtained by execution of administrative violations, including: a) money;
b) valuable papers;
c) other assets.
2. Determine the number of illegal benefit is money: a) the base to determine the amount the Organization, individuals violating the currency was due to the implementation of the administrative violations of industrial property that are equal to (=) the quantity of the goods, the volume of services that have transfer, consume, pipe, unlawful destruction of (x) the unit cost.

The number of goods or services made volume is determined on the basis of the Declaration of the Organization, the individual breach and check, verification of authorized person.
The price is determined on the basis of records, certificate from the Organization's personal, violation or the market price of the goods, similar services.
The case does not determine the quantity, volume, price, the number of illegal benefit obtained is the full amount of the Organization, individuals from violations.
b) case of transfer, consume, pipe, unlawful destruction of goods are prohibited goods, contraband, counterfeit goods or the supply of services business condition: the money the Organization, individuals violating obtained by (=) the quantity of the goods, the volume of services that have transfer, consume, pipe, unlawful destruction of (x) the unit price;
c) in addition to the goods or services specified in point b of this Paragraph, in case of transfer, consume, pipe, unlawful destruction of goods or other services: the amount the Organization, individuals violating obtained by (=) the quantity of the goods, the volume of services that have transfer, consume, pipe, unlawful destruction of human (x) unit price minus (-) direct costs constitutes goods or services (if organizations and individuals violating the full records, vouchers to prove legality, of the costs of that).
3. where there is no base to determine the number of illegal benefit is money as defined in paragraph 2 of this Article, the number of illegal benefits identified as valuable papers or other property.
The number of illegal benefit is valuable papers or other property are determined under the guidance of the Ministry of finance regulations on the number of illegal benefits have been so made to administrative violations to the State budget.
Chapter II INFRINGEMENTS SANCTIONED section 1 ADMINISTRATIVE violations of regulations on management of industrial property article 7. Violations of the regulations on directions for protection of the industrial property rights provided for in article 6 of the Decree 99/2013/ND-CP 1. Acts of false indications about legal status specified in point b of paragraph 1 article 6 of the Decree 99/2013/ND-CP is understood as the use of misleading indications information distortions that are object of protection of the industrial property rights in Vietnam despite not being or have not been protected , including the case that audience but have to apply but have not been granted the degree of protection or protectionism was abandoned, the termination of effect or the expiry of protection, for example a) printed on the product, packaging of goods, means business, service means false misleading indications about the product , commodities, branded services are protected as: "the mark had been registered for protection exclusively", "registered", "protection of trademarks in the monopoly of ...", including the use of the symbol ® (instruction on the trademark has been granted a certificate of trademark registration);
b) printed on the product, goods, product packaging, goods cause false indications about the product, goods are protected inventions, industrial designs, such as: "products, goods are exclusive protection of industrial design", "products, goods are protected patent", "products are produced from the process protected by the patent..." , including the use of the symbol "P" or "Patent" along the digits (instruction on the product being granted Patent-patent).
2. Acts of false indications or not write instructions for goods manufactured under contract to use the industrial property objects as defined in point c paragraph 1 article 6 of the Decree 99/2013/ND-CP is meant to be: a wrong instruction behavior) behavior is recorded on the goods "produced by contract to use the industrial property objects of ..." or directed meaning the same thing, regardless by Vietnamese or foreign languages, but not yet transferred the right to use the lawful object of industrial property under the provisions of the law.
b) behavior not only led behavior is not indicated on the packaging of the goods, the instructions for the goods that were produced under contract for use of the trademark.
Article 8. Violations of the regulations on industrial property representatives specified in article 7 of the Decree 99/2013/ND-CP 1. The behavior "at the same time represent the parties in dispute with each other about industrial property rights" specified in point a of Paragraph 2 article 7 of the Decree 99/2013/ND-CP be understood as one of the following behaviors: a) the implementation of one or several services of industrial property agent specified in clause 1 Article 151 intellectual Law for both sides and processing requirements being asked to handle infringement of industrial property rights in the same incident;
b) perform one or several services of the industrial property agent specified in clause 1 Article 151 intellectual Law for parties to make objections procedure, request the cancellation, cessation in force protection degree, violation processing while is representing the applicant protection degree holders, perform the procedures related to the establishment, execution, protection of industrial property rights in the same incident.
2. intentional acts impedes the establishment, implementation and protection of industrial property rights to harm the person having rights and benefits related to the provisions in point h Paragraph 2 article 7 of the Decree 99/2013/ND-CP be understood as one of the following behaviors: a) deliberately delayed the filing of industrial property registration of processing petition, violation and other records, documents in the process of establishing, implementing and defending industrial property rights of parties to be represented without good reason;
b) Give incorrect information about the legal status of degree of protection, industrial property registration form, claim processing and document violations, other records in the process of establishing, implementing and defending industrial property rights affect the legitimate rights and interests of the patentee;
c) sent a message related to the establishment and protection of industrial property rights had no legal base in order to slow the process of competent organs, causing damage to the material, spiritual powers and interests involved;
d) Not done or done properly not obligations of the industrial property agent.
3. industrial property agent has serious violations in practice when representatives do damage to the interests of the State or the society prescribed in point b paragraph 4 Article 7 Decree 99/2013/ND-CP be understood as one of the following behaviors: a) patent register Suite abroad without permission of the competent authority;
b) disclose information, the document has not yet been allowed to publish, in an information State secrets in the course of performing the services industrial property agent;
c) Rent or lease the services practice industrial property agent.
Article 9. Violations of the regulations on industrial property assessment stipulated in article 8 of the Decree 99/2013/ND-CP 1. The behavior revealed secret information learned when conducting inspections without permission of the stakeholders specified in point b of paragraph 3 article 8 of the Decree 99/2013/ND-CP be understood as one of the following behaviors: a) disclose confidential information, the document issued by the competent authority on inspection , who requested the assessment of industrial property offers regarding the incident are addressed;
b) disclose information, the document has not yet been allowed to publish, in an information State secrets, business secrets by the competent authorities, who requested the assessment provided to perform the assessment.
2. the fourth advantage of behavior assessment and evaluation activities to benefit the axis specified in point a of paragraph 4 Article 8 of the Decree 99/2013/ND-CP be understood as one of the following behaviors: a) advantage as authorities, assessor or active participation to impact assessment causes affecting the Organization, individuals are related to illegal profits;
b) improper operation field of expertise in the business registration certificate, certificate of registration to profit illegally.
3. Acts deliberately put out false assessment conclusion specified in point b of paragraph 4 Article 8 of the Decree 99/2013/ND-CP be understood as intentional acts put out the conclusion there is no legal base, not correct with the information and documents provided to conduct the assessment.
Section 2 infringement of industrial property rights article 10. Infringement of industrial property rights on the Internet 1. The acts were considered to meet the conditions specified in paragraphs 1, 2 and 3 article 5 of the Decree 105/2006/ND-CP of modification and behavior that occurs on the Internet but aimed at consumers or users in Vietnam is also being concluded as infringement of industrial property rights and sentenced to administrative violations as stipulated in articles 10 , 11 and 12 of the Decree 99/2013/NĐ-CP dated. 2. National domain name owners hired celebrated individuals performing acts referred to in Paragraph 1 of this article is also being considered as infringement of industrial property rights and sentenced as specified in articles 10, 11 and 12 of the Decree 99/2013/ND-CP. Article 11. Infringement of patent rights When determining the infringement of patent rights must comply with the provisions in articles 5 and 8 of the Decree 105/2006/ND-CP and modified some of the following guidelines: 1. Products/components/processes being reviewed are considered to be identical or similar to the product/process/product parts are protected by a point (independent and dependent) of the request for protection belongs By patent/patent useful solution if all the signs (characteristics) of basic techniques outlined in points that are present in the products/components/processes were considered as identical or equivalent in which: a) two signs (characteristics) techniques are considered the same if it had signs of the same nature, the same purpose use, along the way to achieve the same purpose and relationship with other signs indicated in the request for protection;
b) two signs (characteristics) are considered equivalent techniques with each other if there is a similar substance or can substitute for each other, have the purpose of use and the ways to achieve the purpose of use basically the same.

2. If the products/components/processes being considered does not contain at least one sign (characteristics) of basic techniques outlined in a point of asking for protection, the products/components/processes were considered not/not equivalent to the products/components/processes are protected by that point.
Article 12. Infringement of rights to industrial designs when determining infringement rights to industrial designs must comply with the provisions of articles 5 and 10 of the Decree 105/2006/ND-CP and modified some of the following guidelines: 1. Product/product review section is considered a copy of industrial designs are protected if the product/component products that have set combination of these characteristics create shape (shape) outside contains all the characteristics and shaping of fundamental and non-fundamental industrial designs are protected.
2. Product/product review section about the nature be considered copies of industrial designs are protected if the product/part to that product has a set of characteristics and shaping the outside contains all the basic shaping characteristics of an industrial design is protected, only the differences in these characteristics create the shape it is not easy to get to know , remember.
3. where the overall characteristics and shaping the outside of a product/products section is a copy or is essentially a copy of a set of characteristics and shaping the outside of at least one product in the products in industrial design protection shall also be considered as infringing rights to industrial designs.
4. create the basic shape characteristics of industrial designs protection be understood as characteristics create designs easily recognize, remember, is used to distinguish the overall design with the industrial design. Set of characteristics to create the basic shape can be the shape, contours, correlation between the characteristics of cubes and/or contours, color characteristics are determined on the basis of the photographs/drawings accompanied By exclusive rights to industrial designs.
Article 13. Infringement of trademark rights When determining the infringement of trademark rights must comply with the provisions in articles 5 and 11 of the Decree 105/2006/ND-CP and modified some of the following guidelines: 1. A base ability to cause confusion of signs with the mark being protected includes : a) the scope of protection as a whole, each component of the label; the same level of signs with the overall brand and with components capable of distinguishing marks, especially the dramatic composition for consumers;
b) Computer related of goods, services, use, function composition; purchase customs practices, distribution, selection, use of the goods or services; conditions, method, location, distribution, marketing, promotion, sale and purchase of goods and services;
c) characteristics, the degree of attention of the consumer when choosing, buying and selling of goods and services;
d) The other criteria such as: practicality of use and protection of the same mark for the same type of goods; the influence of other factors created the idea of the relationship between the goods and services were reviewed with the goods or services covered;
DD) evidence of the consequences of confusion for consumers that can be used to support the ability to confuse the use of the signs but not the mandatory condition in making conclusions about the likelihood of confusion of the use of signs.
2. Identify the factors that compromised the brand: a) the case of using signs identical with a trademark for goods or services identical with the goods or services identified in the certificate of trademark registration or the certificate of international registration marks are protected in Vietnam or the Gazette of the international registration of marks held the world intellectual , then no need to consider the possibility of confusion for the consumers of the goods or services bearing the mark;
b) where use of the sign identical to the mark for goods of similar or related services; Use signs similar to the mark for goods or services identical or similar or related to the goods and services in the categories of goods and services the mark was identified in the certificate of trademark registration or the certificate of international registration marks are protected in Vietnam or the Gazette of the international registration of marks held intellectual world wisdom, the need to consider the possibility of confusion for the consumers of the goods or services bearing the trademark.
3. Identify elements infringing the trademark rights to the famous: a) cases using identical or similar signs to famous marks or signs the form translated, transcribed from the famous brand goods, any services including merchandise, services are not identical, similar and not unrelated to the goods services in the category of goods or services bearing the famous brand, you need to assess the likelihood of confusion about the origin of the goods, services, or about the relationship between the use of that sign with the owner of the well-known mark;
b) cases using identical or similar signs with famous brands as defined in point a of Paragraph 3 of this article is not likely to cause confusion about the source of goods and services but false impression to consumers about the relationship between the use of that sign with the owner of the famous mark shall also be considered infringement rights of industrial property;
c) When filing the request handling breaches of famous brands, rights holders must provide evidence that brand made famous in Vietnam according to the criteria specified in article 75 of the law on intellectual property, does not depend on whether the trademark has been registered in Vietnam;
d) before deciding to proceed with the procedure of handling the violation, the Agency has jurisdiction to handle violation pursuant to the criteria specified in article 75 of the law on intellectual property to review, reviews a brand has been considered as famous in Vietnam or not. The Agency has the jurisdiction to handle violation can exchange expertise with intellectual property Bureau and/or opinions the Advisory Council.
The case of the famous brand in Vietnam are recognised under civil proceedings or by decision of the Bureau of intellectual property, the agency handling the offense may be based on the relevant documents to consider admitting the mark be considered as famous in Vietnam if the recognition of well-known trademarks of the agencies mentioned above at the time of also violation processing requirements accordingly.
Article 14. Infringement rights for trade name when determining infringement rights for trade names must comply with the provisions of articles 5 and 13 of the Decree 105/2006/ND-CP and modified some of the following guidelines: 1. Pursuant to the consideration of factors violated the right to the trade name is the scope of protection of trade names is determined on the basis of the evidence demonstrates the use of that trade name legally, which identifies business entities, business establishments, business activities and products, trade name, service, specifically the following: a) the evidence that trade name is used in the business (for example : are used in places that have the customer, you either have a reputation through advertising, marketing, distribution) in the field of legal business (to be recorded in the certificate of registration of business households, business registration certificate, certificate of registration, certificate of eligibility for the trading business condition registration, tax code, Charter companies have registered with the competent authority or the papers of other legal value);
b) start time use and process use: trade names that are known to the client your portfolio, through goods, services, business activities (e.g.: the trade name is used on merchandise, sales, orders, business transaction documents , promotional materials, customs declaration, voucher currency lodging taxes and other transaction documents).
2. The certificate of registration of business households, business registration certificate, certificate of registration, certificate of eligibility of business registration, tax code, Charter company considered the evidence legality of doing business under the trade name. Business name, business name stated in the above mentioned license only be considered when there is a trade name for the documents that business name, business name which is used in fact legitimate business activities and meet the conditions for protection under the provisions of article 76 , 77 and 78 of the law of intellectual property.
3. in case of the use of trademarks, industrial designs, trade names, geographical indications causing conflicts and disputes arise, then the processing comply with the provisions of article 6 of the law on intellectual property, article 17 of the Decree 103/2006/ND-CP amending article 27 of the Decree 99/2013/ND-CP and according to specific instructions here : a) based on the documentary evidence proves the point arises, establish the right to adhere to the principle of the right for which objects arise, establish before then.
Cases the parties concerned are the evidence of their rights are legally established, the Parties shall implement their rights in the scope and duration of protection and the realization of the right to not violate the interests of the State, public interest, rights and legal interests of the Organization individuals and do not violate the provisions of the relevant legislation;
b) based on the degree of protection, certificates, certified by the competent authority and the relevant documents, the content of the contract, the legal agreement between the parties to determine the scope of protection for the subjects that are simultaneously protected as intellectual property objects;

c) where trade names, trademarks bearing the landmarks are used before the geographical indication or the corresponding landmarks bearing marks are granted the degree of protection and the object which satisfies the conditions for protection under the provisions of the law, then an honest use of the aforementioned objects not considered violations as stipulated in the g-spot item 2 of 125 Articles, h intellectual property Law.
4. in case of simultaneous use of the objects referred to in Point c of this clause affect the rights of third-party interests, and society, consumers are asked to handle violation then the competent authority processing the violation requires the parties concerned conduct and agreements noted in writing between the parties regarding the conditions , how to use the objects that follow the procedure prescribed in clause 2 article 27 of the Decree 99/2013/ND-CP for the party to continue the behavior using considered infringing industrial property rights of other people that do not participate in the deal or no deal was done correctly noted, the Agency has jurisdiction to handle violation will continue conducting treatment procedures the fine according to the provisions of the Decree 99/2013/ND-CP. Article 15. Infringement rights to geographical indications in determining infringement rights to geographical indications are subject to the provisions in articles 5 and 12 to Decree 105/2006/ND-CP and modified some of the following guidelines: 1. A base ability to cause confusion of signs with geographical indications could be applied in an appropriate manner similar to the way apply a base ability of confusion of the mark with the trademarks are protected.
2. products, goods may be: a) the same products carry signs coincide with geographical indications was produced locally in the region bearing the geographical indication is protected but does not meet the conditions of a particular quality bring geographical indication;
b) similar products bearing identical or similar signs with geographical indications but not produced locally in the region bearing the protected geographical indications, including the case of products that have the corresponding parameters of quality, production process and product management;
c) similar products bearing identical or similar marks geographical indications was produced locally in the region bearing the geographical indication be protected and meet the conditions of a particular quality, but individual organizations produce products that are not governing geographical indication that permission to use the geographical indication;
d) similar products bearing identical or similar signs with geographical indications aimed at taking advantage of the reputation, the reputation of the geographical indication and/or cause a false understanding of the origin of the product, regardless of the place of manufacture of the product which the Department bearing the geographical indication is protected or not.
Article 16. Violations of the stamps, labels, item 1. Violations of the provisions of article 13 of the Decree 99/2013/ND-CP is applied in the case of organizations, individuals discovered stamps, labels or supplies branded products or geographical indications fake not yet tied up the product but have sufficient grounds for determining that the stamps, labels, that items will be attached to products marketed (for example : through the purchase contract, contract printing, document, declare to the competent agency, packaging templates, product templates have mounted stamps, labels, offending items are storing, shipping, sold).
2. The stamps, labels, other items specified in article 13 of the Decree 99/2013/ND-CP be understood as the type of postage stamp of the manufacturer, Distributor, importer to add up the product, including quality control stamps (KCS) containing the elements of the violation; the label of the goods; decals; product packaging; product parts can be detached but not circulated independently, on which are printed, casting, stamping of marks, geographic indications.
Article 17. Transit of goods acts infringing industrial property rights the competent agency to handle transit acts infringing industrial property rights in the case of industrial property right holders have sufficient basis to prove the transit goods which cause damage to the owner of rights or harm consumers in Vietnam.
Article 18. Parallel imports 1. Parallel imports as specified in paragraph 2 to article 26 of the Decree 99/2013/ND-CP is organising, personal imports of the product by the owner or the Organization, individuals are transferred the right to use, including the transfer of right to use the discretion required, people have the right to use the industrial property objects was brought to market in the country or a foreign France, though not the consent of the subject of industrial property rights.
2. organizations and individuals implement the behavior of parallel imports cannot be considered as infringement of industrial property rights and not be sanctioning administrative violations.
Article 19. Acts of unfair competition in the field of industrial property 1. Unauthorized use of trade indications of confusion: a) the owner has the right to request processing instructions use misleading commercial business entities is used before the trade instruction prescribed in clause 2 Article 130 of the law on intellectual property, an extensive in the stable, legitimate business activities in Vietnam, was known to the reputation of the subject business and the goods or services bearing that trade Guide.
b) trade instruction prescribed in clause 2 Article 130 of the law on intellectual property, including industrial property objects (trademarks, trade names, geographical indications) and the following subjects:-"commodity Label" is the written, prints, drawings, letters of snapshot, drawings, photos tagged , print, attach, cast, carved, engraved directly on the goods, commercial packaging of goods or on other material mounted on the goods, commercial packaging of goods.
-"Business" is a group of words that appear next to the company name or the label attached to the product of the business in order to emphasize the purpose or the business of the business criteria or customers that the product toward.
-"Logotypes" is the symbol, text, drawings, cubes are designed in a unique way and is regarded as the icon of the business use of operations.
-"Packaging design of merchandise" is design, packaging, decoration consisting of shapes, lines, drawings, letters, numbers, colors, layouts, coordinating colors, the layout, the combination of the above factors create the impression or the characteristics of the packaging of the goods.
c) commercial misleading indications as trade instructions contain signs (constituent elements, presentation, combining between the elements, colors, impressive overview for consumers) is identical or confusingly similar to a trade instruction respectively of the subject right to handle unfair competitive behavior is used for goods identical or similar services.
The use of the above mentioned instructions intended to confuse consumers about the business entities, business operations, commercial origin of the goods, services, geographic origin, way of production, features, quality, quantity or other characteristics of the goods, services, or merchandise provided on conditions , room service.
d) owner requires the handling of unfair competition acts on the use of confusing trade instruction must provide the evidence:-business entities have used the instructions an extensive trade, stability, many consumers in Vietnam known, may include : information about advertising, marketing, exhibition gallery; sales revenue; the number of products sold; distributed agent system, venture, links; the scale of investment; reviews of State agencies, mass media, consumer choice and other information demonstrating the credibility of business entities tied to the commercial instruction in the operation of his business in Vietnam;
-Parties were asked to handle used commercial misleading indications on goods, packaging of goods, means business, media services, means of advertising.
2. registration behavior, seizure of the right to use or use of the domain name: a) the owner has the right to request registration behavior, seizure of the right to use the domain name or the use of the domain name is the owner of the trademark, geographical indication, used the trade name this object a in the stable, legitimate business activity, is a consumer related sectors in Vietnam known reputation, the reputation of the subject of industrial property rights and of the goods or services bearing the trademark, geographical indication, the name of that trade;
b) registration behavior, seizure of the right to use or use of the domain name deemed unfair competition behavior of industrial property, except the domain name has been allocated through auction or examination as defined in art. 2 of the law on telecommunications, 48 Articles in one of the following circumstances :-use the national Vietnam domain name ".vn" have identical or similar character sequence causes confusion with trade names, trademarks or geographical indications that are protected or are widely used to advertise products, offers, sale of goods, services, similar or related electronic information page on that domain name addresses which lead to; cause confusion and misuse of or damage to reputation, reputation or to the owner of the trademarks, trade names, or geographical indications; or-sign, the right to use the domain name ".vn" Vietnam National has a character sequence identical to trademarks, trade names, or geographical indications have the prestige, reputation in Vietnam and have proven base organizations, individual registration only, the right to use the domain name in order to sell to or obstruct the trademark owner , trade names, geographical indications are protected that domain name registration;
c) processing requirements subject registration behavior, seizure of the right to use or use of the domain name deemed unfair competition behavior of industrial property provided the following evidence:

-Rights holders to use the trademark, geographical indication, the name of an extensive trade, stability, are consumers in Vietnam known reputation, the reputation of the subject of industrial property rights and of the goods or services bearing the trademark, geographical indication, that trade name (probably the info about advertising , marketing, exhibition gallery; sales revenue; the number of products sold; distributed agent system, venture, links; the scale of investment; reviews of State agencies, mass media, consumer choice and other information demonstrating the reputation, the reputation of the subject business, commodities, branded services, geographical indications, trade name).
-For unauthorized use of the domain name deemed unfair competition behavior of industrial property: the subject of request processing must prove the party being asked to handle the used domain names on the Internet for advertising, product introductions, say hello, sell merchandise, duplicate service the same, or related, do damage to the prestige, reputation or to the owner of the trademarks, trade names, or geographical indications that are protected; and the party being asked to handle the continued use of trademarks, trade names, geographical indications of confusion through it though was the owner of the trademark, trade names, or geographical indications notice requesting termination of use.
For registration behavior, seizure of the right to use the domain name is considered unfair competitive behavior of industrial property: the subject of request processing must prove the party being registered processing requirements but do not use a domain name that contains these characters is identical to the trademark , trade names, geographical indications were used widely and prestigious reputation in Vietnam; and the party was proves base requires only registration processing, seized the right to use the domain name in order to sell to or obstruct the owners of trademarks, trade names, geographical indications are protected that registered the domain name.
-Parties were asked to handle does not have the legal rights and interests with respect to trademarks, geographical indications, trade names protected by rights holders.
Article 20. Repair, reuse, recycling products, product packaging, personal organizer case reuse, repair, recycling products, branded product packaging, trade names, geographical indications were subject to market power to create other products are also being considered as infringement of industrial property rights or acts of unfair competition if the use that confuse consumers about the product's commercial origin, the subject of business, operations or the characteristics of the product as defined respectively on infringement of industrial property rights and acts of unfair competition.
This provision does not apply in the case on the product had a clear notice about products, product packaging to be reused, recycled, repaired and removed the signs likely to confuse consumers about the product's commercial origin, the subject of business business activities, or the characteristics of the product as defined respectively on infringement of industrial property rights and acts of unfair competition.
Article 21. Means business means business prescribed in clause 15 and Clause 15 point b article 11 article 14 of the Decree 99/2013/ND-CP be understood to be any means would be attached, contain objects of industrial property protection or trade instructions and used to serve the business activity (for example : electronic information, brochures, business cards, means of transport and supplies, decoration of business premises).
Chapter III PROCEDURE to HANDLE VIOLATION of Article 22. Authorization requests processed in violation of authorized text processing requirements when violations are filed petition enclosed handle violation must satisfy the conditions prescribed in article 23 of the Decree 99/2013/ND-CP and note some of the following circumstances: 1. where the original authorization text includes content authorization procedures implementation of the protection of industrial property rights filed in the previous record for the same violation processing agency shall subject the right to file copies and only leads to the original text of that authorization.
2. where the authorization of the original text includes content authorization procedures implementation of the protection of industrial property rights was submitted to the Bureau of intellectual property, or other competent authority shall subject the right to file a copy of the Agency are kept to the original text.
Article 23. Petition to handle violation 1. Petition to handle infringement must satisfy the conditions prescribed in article 24 of the Decree 99/2013/NĐ-CP dated. 2. With respect to the document, the attached evidence: a) a copy of the certificate, diploma, certificates and other documents are considered valid if the right holder may present the original to compare or copy certified by the competent authority or a copy of the original level. Officers receive records signed copies have been collated with the original and does not need to be certified by notary organs or bodies granted the certificate, diploma, certificate;
b) A explanation of the subject (of revenue, reputation, advertising, extensive use of evidence, a copy of the certificate, the degree of protection in other countries) give the agency handling the violation is considered valid if there are committed to bear legal responsibility for the content of information, explanation and confirmation and signature seal (if any) of the owner or legal representative of the subject. If a multiple-page award, the owner the right to sign is blinking on each page or stamped on the page (if any).
This regulation also applies for the corresponding document issued by the party being asked to handle violate offers.
3. for documents proving the right to request processing of violation: a) documents trade name owner is the document, artifacts proving the use of legitimate trade name prior to and in the field of business and business areas that meet the conditions of protection provided for in articles 76 , 77 and 78 of the law of intellectual property;
b) documents that owners of trade secrets is proof the Organization, individuals holding lawful and conducted measures for information security are considered trade secrets as defined in articles 84 and 85 of the law of intellectual property;
c) where the contract of use of objects of industrial property, regulations of use of the collective marks, license to use the geographical indication has no agreement or content restrictions on the right to request processed in violation of the person to be transferred, that person is allowed to perform the required procedure of processing the violation under the provisions of the Decree 99/2013/ND-CP , provided that the rights owner does not have text to perform that procedure.
In addition to the documents, the evidence as a subject of rights as provided for in article 24 of the Decree 105/2006/ND-CP amending a rights owner may file a copy of the document proving the right subject status and present the original to confronting.
4. in a petition to handle infringement, rights holders can request processing: a) one or more violations related to one or more objects of industrial property by the same organization, individuals perform;
b) one or more violations related to an object of industrial property by the many organizations and individuals;
c) where the subject of processing petition rights to one or more organizations and individuals make violations in the same local authority subject only needs to submit a petition to the competent agency of the local processing;
d) where the subject of processing petition rights to one or more organizations and individuals make violations in different localities, the rights owner may file a petition to the competent bodies in each local processing or filing a petition to the competent central authority dealt with violations at the local.
5. in case of many different agencies have the authority to handle a violation of the rights-holders can choose from one of the agencies with which to apply the request handle.
Article 24. Consider, handle handle infringement claim 1. The case of petition handling violation had full evidence of fake goods, industrial property, goods infringing rights to trademarks, geographical indications, industrial designs, the competent authorities in cooperation with the owner the right to conduct the inspection, test, handle violation prescribed in point d item 2 article 25 of the Decree 99/2013/NĐ-CP dated. 2. The case of petition handling violation yet has enough evidence about fake goods, industrial property, goods infringing rights to trademarks, geographical indications, industrial designs; petition processing for patent infringement, design layouts, trade names, trade secrets; petition to handle unfair competitive behavior of industrial property, the competent authority may request the parties to provide information, evidence, explanation within ten days from the day of notification. Where there is reason then may recommend in writing to the competent authorities on the extension of time to reply but not more than thirty days from the day the original notice in accordance with the provisions of point c item 2 art. 3 and article 25 article 25 of the Decree 99/2013/ND-CP) cases of the parties was of the opinion the award under requirements of the competent authority but appears awkward, new evidence in the case, the competent authority may require the parties, claiming the prize, provided additional evidence as defined in paragraph 6 to article 26 of Decree 99/2013 issued in the corresponding time limit specified above.
The parties may provide for the competent authorities handled violated the professional opinion of the State Agency on industrial property, the text concluded industrial property examiner, decided to settle the dispute, decided to handle the incident violated related or similar competent bodies and documents other evidence to prove the requirement, arguing, his explanation and clarification of the details of the incident.

b) explanatory text of cases the parties have yet to clarify the details of the incident and at the suggestion of one or the other competent authority organizations working directly with the parties. Minutes of work recorded comments by the parties is considered evidence to solve the case;
c) where the parties reach agreement on measures to resolve the incident in accordance with the law on intellectual property and does not affect the rights and interests of third parties, consumers and society, the competent agency noted that agreement and announced the stops as specified in paragraph 2, and article 27 d item 2 Article 28 of the Decree 99/2013 issued. 3. The case of petition handling violation is filed with the competent agencies handle for the same violation, the Agency would handle the first will have jurisdiction. The right holder may have the responsibility to inform the competent authorities about the menu was accepting the settlement.
a) before accepting the job, if the receiver unit learned the Agency had the authority to other sanction or court case that the receiver of notification application denied accepting the application.
b) after the case but has not yet conducted the inspection, test, handle infringement, if the Agency accepting the learned single competent authority other processing conducted inspection, test, handle the offense or the courts are accepting the Authority accepting the application of notification procedure refused to handle the offense.
c) after conducting the inspection, check, if the agency handling the offense learned other agency has conducted inspections, checks, the Agency handled violated the requirements of the relevant agency coordinated the process and consistency to an agency conducting the procedure of sanction. The case Agency has conducted the handling offense but at the time of the inspection, the test still detect the Organization, individuals are made of violations that the Agency handled violated the conduct dealt with infringement aggravation is re-offense.
d) during processing violations, if found to have signs of crime, the agency handling the offense move the record to the competent investigation authority where the violations occurred.
Article 25. Provides the information processing of violation 1. The case of the request of the subject of industrial property rights or of the person who has the authority to resolve disputes or sanction violations in the Agency, other organization according to the provisions in clause 5 Article 26 of Decree 99/2013/ND-CP, the Agency has jurisdiction to handle violation provided a copy of the minutes , documents, specimens, photographs relating to the content handle infringement, provided that the provision of information, that document does not affect the efficiency of handling the incident and not security cases under the provisions of the law.
2. in case of processing petition has violated the provisions of article 24 of the Decree 99/2013/ND-CP, the Agency has jurisdiction to handle violation sent the text of the conclusions, decision, sanction or rejection notification handle violation for the Organization, the individual asked to handle violation of provisions of the law.
Article 26. Coordinate handling violation 1. Intellectual property Bureau, intellectual Sciences Institute and the competent agencies to handle infringement of industrial property rights is responsible for coordinating the handling of infringement upon being asked to coordinate handling of infringement as defined in paragraph 1 to article 29 of the Decree 99/2013/NĐ-CP dated. 2. The coordinated processing of violation related to company name in violation of intellectual property laws is done according to the instructions in circular between Ministry of science and technology and the Ministry of planning and investment.
3. The coordinated processing of violation related to the domain name in violation of intellectual property laws is done according to the instructions in circular between Ministry of science and technology and Ministry of information and communication.
Article 27. Coordinate handling of violations related to the product, goods affect health, safety, social environment 1. Upon receiving the petition to handle violation or detect infringement of industrial property rights in relation to products, goods that affect our health, the environment, social security specified in point b of Article 22 paragraph 3 of the Decree 99/2013/ND-CP, the Agency has jurisdiction to handle violation may request the party being asked to handle violation of provided information documentary evidence, the prize as stipulated in art. 3 article 25 of the Decree 99/2013/ND-CP or coordination with the owner the right to conduct the inspection, testing, verification, and collecting evidence. On the basis of consideration of the documents, the evidence, the Agency has the authority to sanction violation of given the following text: a) the text concluded on the infringement of industrial property rights; and/or b) decision sanctioning administrative violations by the authority.
2. where the competent body handling the offense out of the text of the conclusions regarding the infringement of industrial property rights stipulated in art. 1 of this article, the competent authorities to send the text concludes that for the right subject and offending parties and create conditions for the parties themselves agreed , the time limit of thirty days from the date of the writing of this conclusion.
a) cases the parties have reached an agreement and the proposed measures consistent with the provisions of the law on intellectual property, without prejudice to the rights and interests of third parties, consumers and society as defined in clause 2 article 27 of the Decree 99/2013/ND-CP, the Agency has jurisdiction to handle violation out written notice acknowledging that agreement and stop resolving the incident;
b) where the parties do not reach agreement within the prescribed time limit, the Agency has jurisdiction to handle violation of conduct inspection, test, handle the offense.
3. The authorities competent to handle violation sends the text concluded violated the notification text, noting the agreement of the parties or the decision sanctioning administrative violations for the State administration sector, related sectors to coordinate handling of violations.
Article 28. Handle the case when the dispute 1. In the event of a dispute arising under the provisions in article 27 paragraph 1 of the Decree 99/2013/ND-CP, the Agency has the authority can require the State Agency on intellectual clarification of the legal status of the industrial property right, namely: a) the information about ownership , the right to use, transfer of rights to the object of dispute, complaints, accusations;
b) scope of protection of the industrial property rights concerned; the scope, conditions of application of the rules on the case are not considered to infringe industrial property rights;
c) ability to terminate, cancel the protection degree effect, change the scope of protection of the industrial property rights concerned.
2. Stop the procedure of handling violations when there arose a dispute under the provisions of art. 2 of the Decree 99/28 2013/ND-CP: a) the Agency has the jurisdiction to consider the stop handle violation after accepting the petition to handle violation in the case of the following :-upon receiving written notice of the State administration of industrial property were accepting the petition for annulment, cessation of effect degree of protection, complaints about the scope of protection of industrial property rights relating to the object of processing petition in violation of; or accepting the decision of the Court about the breach; complaints, disputes or industrial property rights relating to the object of processing petition in violation of;
-When to see the affair has content related to the contract dispute between the parties regarding the right to use the industrial property objects.
b) discontinuance of the resolution must specify the base, reason, rights, obligations of the parties concerned and sent to the party requesting the handle breaks, parties were asked to handle violations and the Agency has the authority to resolve disputes, complaints.
3. the competent authority may ask the right explanation, is committed under the provisions of point b article 27 paragraph 1 of the Decree 99/2013/NĐ-CP dated and reviewed the conduct of processing based on the following bases: a) the party being asked to handle violation has filed petition to cancel , the termination of effect degree of protection but not yet competent authorities accepting;
b) Parties were asked to handle violation filed registered object stated in the petition handling violations in State administration of industrial property but has not yet decided to grant the degree of protection;
c request Parties) breach requires continued commitment and handle the responsibilities of compensation according to the provisions of point b Paragraph 2 to article 32 of the Decree 99/2013 issued in case the decision sanctioning administrative violations were modified, cancelled, suspended from the force following dispute resolution decision of the competent authority.
4. Reject handling of infringement: notification before accepting the petition to handle infringement, if the agency handling the offense receive written notice accepting the Agency's jurisdiction referred to in point a of this clause 2, the agency handling the violation notice refuse disposal breach as defined in art. 1 Article 28 Decree 99/ 2013/ND-CP. Article 29. The authority of the head of the inspection group specialized in the science and Technology Division Chief Inspector specialized Ministry of science and technology, Minister of professional Inspection Division Department of science and technology to be used with the seal of the Agency chaired conducted the inspection when a text issued to apply the measures for implementing the inspection prescribed in paragraph 1 Article 53 of law Inspector.
Article 30. In support of the subject of industrial property rights in the activity Inspector, examine, verify and handle breach 1. The subject of industrial property rights that requires the handling of breach can suggest content collaboration and technical support, including information, material, vehicles, technical equipment and manpower for the competent bodies to investigate, verify, collect evidence, handling of exhibits , the media breached prescribed in point d item 2 article 25 of the Decree 99/2013/NĐ-CP dated. 2. The cost of supporting the investigation, verification, collecting evidence, handling of exhibits, the media in the field of industrial property as defined in Paragraph 1 of this article are deemed to be reasonable costs for the protection of industrial property rights and be accounted into the costs of production as defined in Decree 103/2006/ND-CP.
Chapter IV IMPLEMENTATION article 31. Enforceable

This circular is effective from August 11, 2015 and replacing circular No. 37/2009/TT-BKHCN on December 27, 2010 the Minister of science and technology of guiding the implementation of a number of articles of Decree No. 97/2010/ND-CP dated 21 September 2010 of the Government sanctioning administrative violations in the field of industrial property.
Article 32. Responsible for implementation 1. The heads of subdivisions of the Ministry, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.
2. During the implementation process, if there are obstacles and suggest the bodies, timely reflect the units of the Ministry of science and technology to research, guidelines.

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