Circular 37/2009/tt-Bkhcn: Guide The Implementation Of A Number Of Articles Of Decree No. 97/2010/nd-Cp Dated 21/9/2010 Of The Government Sanctioning Administrative Violations In The Field Of Industrial Property

Original Language Title: Thông tư 37/2011/TT-BKHCN: Hướng dẫn thi hành một số điều của Nghị định số 97/2010/NĐ-CP ngày 21/9/2010 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực sở hữu công nghiệp

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SCIENCE AND TECHNOLOGY
Number: 37 /2011/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 27, 2011

IT ' S SMART

Instructions to implement some of the provisions of the Digital Protocol 97 /2010/NĐ-CP September 21, 2010 of the Government

conduct of administrative violations in the field of industrial ownership

______________________________

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);

The French Base for Administrative Infringement in 2002, the Ordination of the Amendment, added some of the provisions of the 2008 Administrative breach of the Executive Order (later called the Ordination of Administrative Breach Disposal);

Base of Protocol 97 /2010/NĐ-CP September 21, 2010 by the Government of the Government to rule the administrative violation of industrial ownership (the following call for a decree) 97 /2010/NĐ-CP);

Base of Protocol 128 /2008/NĐ-CP December 16, 2008 of the Government rules the details and guidelines for the implementation of some of the provisions of the Executive Order of the Administrative violation (the following call for Protocol). 128 /2008/NĐ-CP);

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 28 /2008/NĐ-CP March 14, 2008 of the Government rules the function, mandate, jurisdiction and organizational structure of the Ministry of Science and Technology;

The unanimous text base of the ministries of the relevant fields: Ministry of Information and Communications, Ministry of Planning and Investment, Ministry of Finance, Ministry of Health;

The Minister of Science and Technology specifically some of the content involved in the implementation of some of the provisions of the Protocol. 97 /2010/NĐ-CP,

Chapter I

COMMON RULES

What? 1. Subject, scope applicable

1. Organization, individuals with violations of regulation at Article 2 of the Decree 97 /2010/NĐ-CP to be executed as a result of the following conditions:

a) The conduct of the breach is regulated at Chapter II Decree. 97 /2010/NĐ-CP;

b) The organization, the individual whose violations are subject to the prescribed subject of administrative punishment at paragraph 1 Article 6 of the Order of the Administrative breach of the Administrative Order;

c) In violation of the prescribed trial period in paragraph 1, 2, 3 Article 10 Ordinal order processing violation.

2. Organization, other individuals who are involved in regulation at Article 2 of Decree 97 /2010/NĐ-CP including:

a) Organization, individual whose application is required to process administrative violations; organization, individual rights and benefits involved in the processing of administrative violations in the field of industrial possession;

b) The officer, the officer with the authority to take on, the application of the application requires the handling of the administrative breach, inspection, inspection and disposal of administrative violations in the field of industrial possession;

c) The authority has the authority to administer the state in terms of industrial possession; the authority with the authority to resolve disputes over industrial ownership, the settlement of the complaint, denouncing the administrative violation in the field of industrial possession;

d) Organizations, individuals with the function of performing industrial ownership practices; organizations, individuals who practice industrial ownership services;

The State Treasury, the credit organization, the authorities with the authority to sanctiate, submit, extract fines, illegal income due to the execution of the administrative violation, which is, the agency, the organization, the individual responsible for enforcement and coercitation. The organization, organization, organization, individual management of business operations, advertising, printing, electronic information networks, where there has been a violation of the law of industrial ownership;

e) The state governing body in the relevant field when receiving the written conclusion or decision of the authority of the agency has a violation of the breach in the field of industrial possession;

g) Organization, responsible individuals or rights, relevant interests in the provision of the document, evidence verification of violations of the breach, the goods of violation or in the implementation of the conclusion text, the decision to punish the administrative breach of the authority with the authority to handle it. It's a violation of industrial ownership.

3. The conclusion text of the agency with the authority to dispose of administrative violations in the field of industrial ownership is understood to be the text of the conclusion of the violation, the text announcing the results of the violation of the agency with the authority to handle the breach on a record basis. All right, deal with the parties.

The decision to punish the administrative breach is valid since the date of the signing, except for the case in the decision to specify the date of another implementation, following the stipulation at paragraph 4 Article 56 of the Executive Order of the Administrative breach.

In the case of a dispute, the complaint of the protonation of the protonated text, the concluding text of the state governing body for intellectual property is understood to be decided to grant, reject the degree of protection; the decision to end, the cancellation of the Bureau ' s protonation. Intellectual property, the Ministry of Science and Technology is effective in accordance with the rule of law.

What? 2. Penal punishment and remediation measures

1. Main form of punishment

a) The form of a warning penalty is applied in accordance with the regulation at the point a 1 Article 3 Decree 97 /2010/NĐ-CP in case of violation of one or the following conditions:

(i) The first violation of a small scale is understood to be the first violation in the field of industrial possession, the goods of violations of up to 10 units of product and total value to less than 3,000,000; and there is another mitigable situation stipulated at 4 Article 3. - 97 /2010/NĐ-CP;

(ii) Do individuals from age 14 to under the age of 16.

b) The penalty form applied when the violation behavior is not in the case of applying the warning penalty and follows the following principle:

(i) The case does not have a heavy, mitigable condition that applies the fine to the average of the money penalty.

(ii) The case has one or minor mitigation conditions prescribed at paragraph 4 Article 3 Protocol 97 /2010/NĐ-CP Then you apply the penalty below average to the minimum of the penalty. Some of the mitigable circumstances are guided as follows:

-The breach is unknown and there is no base to know about the condition of protection of the relevant industrial ownership at point b 4 Article 3 Decree. 97 /2010/NĐ-CP is understood to be the case of the breach due to being lied to or because it is not provided with information about the condition of protection of the relevant industrial ownership or by others that the offender does not know.

-The administrative offender has prevented, alleviated the harm of the breach or voluntarily recuperated the consequences, compensated for the damages imposed under the stipulation at the point of paragraph 1 Article 8 France command of the Administrative Violation Disposal, for example:

+ The violan has stopped production, stopping sales of violations when required by the owner of the industrial ownership rights or of the state authority to be competent;

+ The offender has voluntarily revoked the breach, announcing the reform, apologizing, voluntary compensation for the subject of industrial ownership.

(iii) The case has one or more severe increases in regulation at paragraph 4 Article 3 Protocol 97 /2010/NĐ-CP Then apply the penalty level from above the average of the penalty box to the maximum of the penalty bracket. Some of the increased conditions are guided as follows:

-Violation of multiple times in the same area as specified in paragraph 2 Article 9 France command breach of administrative breach and paragraph 2 Article 6 Decree 128 /2008/NĐ-CP It ' s understood:

+ Continue to perform violations in the field of industrial ownership that had previously violated but has not been detected or unpunished and has yet to expire the trial;

+ Continue to carry out the breach after the parties have agreed on the solution to the breach of the breach and are recognized by the authorities.

-Continue to perform violations, although the authorities have requested an end to that behavior by regulation at paragraph 8 Article 9, the order of the Executive Order of the Administrative breach, which is understood to be the violation of the breach, does not end the breach. block, lessen the damage as a cease-production, stop selling violations at the request of the agency with the authority to handle trespassers.

2. Additional execution form

a) The measure of confiscation and disposal of goods, funerals, methods of violation of regulation at the point of a paragraph 2 Article 3 Decree 97 /2010/NĐ-CP is done according to the sequence, the procedure stipulated at Article 37 Decree 97 /2010/NĐ-CP.

b) The suspension measures are limited to the operation of the goods business, the violation service stipulated at the point of paragraph 2 Article 3 Protocol 97 /2010/NĐ-CP is only applicable to the business of goods business, the service directly related to the breach. The suspension was written in the decision to punish the administrative breach.

3. Post-austerity measures

a) The measure of the elimination of the violation of regulations at a point a 3 Article 3 Decree 97 /2010/NĐ-CP can be done by one or combining a variety of methods, such as: removing, cutting, deleting, grinding, grinding to remove signs of violation out of goods, business transactions, signs, goods packaging, business vehicles, service vehicles, media, and other means. It's a commercial for no more violations on the goods, the means of a criminal record.

b) The method of forcing domain recall, changing the name of the business with a violation factor stipulated at a paragraph 3 Article 3 Decree 97 /2010/NĐ-CP is done as follows:

(i) The measure of the recovery of the domain name applied when the party party requires a violation of the breach and the party is required to process the unreached breach of the agreement as specified in paragraph 2 Article 29 Decree. 97 /2010/NĐ-CP and the party is asked to handle the breach not to end the conduct of the seizure of the right to use or use the infringement domain name. The solution to revoking the domain name was written in the decision to penalty the administrative breach. The agency has the authority to do the recall of the domain being the Vietnam Internet Center.

(ii) The method to change the name of the business name is applied when the party is required to process the procedure not to proceed with the procedure of changing the name of the business violated at the request of the business registry agency or the decision to handle the agency with a violation of the breach. For industrial ownership. The method of forcing changes in the name of the business was written in the decision to punish the administrative breach. The authorities have the authority to make changes to the business name of the business registry.

c) The measure of the reappearance of regulation at a point of 3 Article 3 Decree 97 /2010/NĐ-CP is applied to counterfeit goods imported goods, vehicles, materials, imported materials used primarily for production, business-owning counterfeit goods business after removing the element of violation on goods.

Raw materials, imported materials used primarily for production, business-owning counterfeit goods business are determined by regulation at paragraph 3 Article 29 Decree of the United States. 105 /2006/NĐ-CP I'm sorry

The person with the authority to apply a reissue of the resignations was made up of titles: Chairman of the Provincial People's Committee, Director of the Bureau of Anti-smuggling Investigation, Director of the Bureau of Investigation after the Agency's Office of Customs, Bureau of Customs.

d) For the goods of the breach, the raw materials, the means of the production of the goods, the animals, the animals, the animals, the non-subject means of being forced to destroy as defined at the point of the end of the third Article 3 Decree. 97 /2010/NĐ-CP The agency has jurisdiction over the nature, characteristics of the goods and the details, the specific circumstances of the incident to determine the measure of the goods, on the basis of the proposed reference, the opinion of the subject, the person who asked for violation of the breach. organization, individual violation.

The handling measures may be to allow the organization, the individual to take advantage of the goods, the raw materials after having eliminated the violation factor to make other goods production materials; allow the organization, the individual to finalize the product, bringing the product into the product circulation. After being allowed by the subject of the rights; the sale of the auction to supplement the fund, to charity, social welfare, with the consent of the subject of the rights; or other measures under the proposal and agreement of the parties involved in accordance with the regulation at paragraph 4. Article 29 Decree 105 /2006/NĐ-CP I'm sorry

In the case of failing to remove the violation of the breach or the removal of the unwarranties to prevent breach of the breach or not be able to apply other treatment measures, the authorities have the authority to apply the prescribed method of destruction at the expense of the law. 3 Article 36 Decree 97 /2010/NĐ-CP.

The cost of destroying the element of violation, vehicle, violation of the organization, the individual violation of the pay. In the event of the organization, the individual violation cannot perform the destruction, the authorities have the authority to sanctiate the use of funding from the state budget by regulation at Article 14 of the United States. 128 /2008/NĐ-CP The organization, the individual violation must have the responsibility of reimbursable the destruction funding for the competent authorities. In the event of an organization, the self-reimbursable individual will be imposed on the enforcement of the law enforcement.

e) The return measure of the money state budget is illegal due to the implementation of the administrative violation, which rules out at point 3 Article 3 Decree. 97 /2010/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 (in quantity, the value of an attached violation) but the breach of the breach was consumed at the time of the inspection, examination.

The return measure of the state budget of the amount of money is illegal due to the implementation of the administrative breach which is inscribed in the decision to sanctiate the administrative breach. 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 trial has an open-deposit account in the State Treasury, the amount of return said on the basis of the body's parole. Periodically, the authorities have the authority to dispose of the violations responsible for the return to the State Treasury under the rule of law.

What? 3. Identilocate the amount of illegal income due to the execution of administrative violations that can be

1. The amount of illegal income is the amount of money that organizes, the individual obtained due to the practice of administrative violation of industrial ownership that has.

The amount of illegal income to collect on the state budget is determined in the following formula:

The amount of illegal income = The number of goods, the volume of violations of the breach consumed x Profit.

-The number of the number of violations consumed = the number of violations of the breach on the evidence, the document stipulated at the point a paragraph 2 This-the number of unsettled violations detected at the time of the inspection, check.

The volume of the breach service provided the same identification as the formula that defines the number of goods that have consumed above.

-Profit = commodity prices, sales services-Price or import price.

2. The base determines the amount of illegal income

a) The number of goods, the volume of violations of the infraction identified based on one of the following certificates, documents such as: accounting books; tax filing tables; purchase contracts; financial bills; sales bills; sales tracking books; ledleders; exporting; imported profiles (if imported goods) or other legal value documents.

b) The price, the entry price, the commodity price, the service sold:

(i) The price is calculated based on accounting books, tracking books, warehouse votes, warehouse votes, or other legal value of the production facility.

(ii) The entry price is calculated based on the contract, the invoice purchase invoice, the affidavit of the import of goods, the paper's declaration with the authority with authority or other documents related.

(iii) The commodity price, the sales service: is calculated based on the price of listing, the price scored on the contract purchase of goods, services, prices written on the sales bill, the paper's declaration with the competent authority or other relevant legal value involved.

c) The case does not have information on the number, price on the evidence, document or no evidence from, the document stated at the point a, b paragraph 2 This is the number of goods, the volume of violations of the breach, price, entry price, commodity prices, sales prices, etc. can be identified based on the report's report, the commitment of the breach. In the case of necessity, the agency has the authority to take test measures, verify, collect evidence in accordance with paragraph 2, 3, 6 Article 28 Decree. 97 /2010/NĐ-CP.

Chapter II

VIOLATION OF ADMINISTRATIVE DETENTION

Item 1

The conduct of a regulatory violation of industrial property management

What? 4. Behavior violations related to the procedure of establishing, implementing and protecting the right of industrial ownership.

The behavior of taking advantage of the procedure, implementation and protection of industrial ownership to perform breaches of the interests of the State, public interest, the right and the legitimate interests of the organization, the other individual stipulated at a point b 1 Article 5 Decree. 97 /2010/NĐ-CP It ' s understood:

1. intentionally carry out the registration procedure, the request to end, cancel the effect or complaint, denounce in the procedure of establishing, implement and protect industrial ownership without a legal base, to impede production, business, identification, implementation, implementation and implementation of the law. Protecting someone else's business.

2. intentionally perform an untrue or non-exercise or non-sufficient implementation of an industrial ownership registry in Vietnam or abroad, exposing confidential information or losing an opportunity to establish an industrial ownership of the organization, the individual, or the United States. in the water, causing damage to the interests of the State, local, business.

What? 5. Behavior violations regulations on the protection of industrial ownership

1. The conduct of instructions on the legal status stipulated at the point b 1 Article 6 Decree 97 /2010/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 goods, packaging of goods, the means of service that instructions misleading information about the product, the service carrying the brand is protected as: "the trademark has been registered for the exclusive protection", "the trademark has been protected", " the exclusive label of the ... ", including the use of the letter sign ® (the instructions on which the label has been given the trademark registration certificate);

b) In on the product, product packaging leads only misleading information about the patent protection, type of industry, such as: "industrial-style proprietary products", "patent-free products", "products produced from the product". the patent protection of the ... ", including the use of the letter" P "or" Patent " and the digits (instructions on the product being granted Patent-in the patent monopoly).

2. The behavior of instructions is wrong about the scope of the protection of the industrial ownership stipulated at the point b 1 Article 6 Decree 97 /2010/NĐ-CP is understood to be an untrue conduct of the protection of industrial ownership of goods, services are outside the scope of the degree of protection.

3. The misguided or non-writable behavior of goods produced under the contract uses the industrial ownership object as specified at the point of paragraph 1 Article 6 Decree. 97 /2010/NĐ-CP It ' s understood:

a) The conduct of false instructions is that the behavior on the product of the letter "is produced by the contract using the industrial ownership object of ..." that means the same meaning, regardless of Vietnamese or foreign language, but in practice has not yet been transferred. the use of industrial property by law.

b) The non-writable behavior is the non-writable behavior on the product, the corresponding service vehicle instructions only about the transfer of the use of the relevant industrial ownership object if the product, service is done under the contract using the company ownership object. And the recording is mandatory under the rule of law.

What? 6. Behavior violation of Industrial Property Representative

1. Behavior "at the same time represents the parties to the dispute over the ownership of industry" regulation at the point a 2 Article 7 Decree. 97 /2010/NĐ-CP It ' s understood:

a) Implementers on the authority of both the party's authority to handle and to be asked to handle the violation of industrial ownership in the same affair;

b) As the representative for the party to carry out the protest procedure, the request for cancellation, the termination of the protection of the oral text, the treatment of the breach while being representing the applicant, the protonitholder of the procedure of carrying out the procedures involved in the procedure, execution, protection of the rights It ' s industrial.

2. The act of intentionally obstructs the normal progression of the identification, implementation and protection of industrial ownership that damages the person with the right and the relevant interest stipulated at the point 2 Article 7 Decree. 97 /2010/NĐ-CP It ' s understood:

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 protonitentiy, industrial-ownership application, the application for violation of the breach, and the documents, other records in the process of the identification, implementation and protection of the ownership of the industry that affect the situation. the right and the right to the right of the master;

c) Submit a letter of complaint or refusal to grant a lack of a base to slow down the decision process of the competent organ, causing physical damage, morale to the person with the right and interest involved.

3. Industrial ownership has a serious crime while a representative practice does damage to the interests of the state or society stipulated at a point b of 4 Article 7 Decree. 97 /2010/NĐ-CP It ' s understood:

a) Representative to organizations, individuals who are not the subject of the right or not permitted by the owner of the right to register the prestigious labels, which are widely used or organized, the individual is not given the management of the management of the geographic instructions registration of their own geography. Vietnam abroad; registration of the patent code abroad when it is not authorized by the authority of the authority;

b) The information, unpublished documents, state secret information or business secrets of the relevant party are known during the implementation of an industrial-owned representative service.

What? 7. Behavior violations regulations on industrial ownership of the company

1. The information secret disclosure behavior is known to conduct an operation without permission from the relevant stakeholders at the point b paragraph 2 Article 8 Decree. 97 /2010/NĐ-CP It ' s understood:

a) To disclose confidential information, documents provided by the authority of the jurisdiction, 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 monitoring for the regulation of regulation at a point a 3 Article 8 Decree 97 /2010/NĐ-CP is understood to be the act of taking advantage of the organization of the organization, the examiner or the active participation of the operation to impact, to influence the relevant subjects in order to gain the disadvantage.

3. The deliberate behavior makes false conclusions about the fact stipulated at point b 3 Article 8 Decree. 97 /2010/NĐ-CP is understood to be the deliberate act of making unobjectively monitoring conclusions, not true to the information, the document is provided for the conduct of the judge.

Item 2

Violation of industrial ownership

What? 8. Behavior of violation of regulatory industrial ownership at the 10th, 11th and 12 National Decree. 97 /2010/NĐ-CP

1. A result of being concluded is the conduct of the violation of regulatory industrial ownership at the terms 10, 11 and 12 Decree. 97 /2010/NĐ-CP when there are enough regulatory conditions at Article 5 of Decree 105 /2006/NĐ-CP I'm sorry

2. The evidence demonstrates how the owner of the property and the right to claim the violation of the rights subject are determined by regulation at Article 24 of the Protocol. 105 /2006/NĐ-CP modified and Article 24 Decree 97 /2010/NĐ-CP The proof that the owner of the right to the owner of the industry is specifically instructed as follows:

a) The proof of the commercial name holder is the documents, the artifacts that demonstrate the first use and commercial name legalization in the business sector and the business sector that meet regulatory conditions stipulated at the terms 76, 77 and 78 of the Law. Intellectual property;

b) The proof that the owner of the secret business is the proof of the organization, the individual holding the legal hold and the information security measures deemed to be classified as a secret business in accordance with the 84th and 85 laws of the Intellecintellectual Property Law;

c) A contract case using non-registered industrial property at the Department of Intellecintellectual Property but has content that meets the regulations at articles 141 to 144 of the Intellecintellectual Property Law is considered a valid document used to demonstrate the right to use. the legal object of industrial possession;

d) The contract for the use of industrial property, the statute of use of the label, the license to use a geographical directive without the consent of the agreement or restricting the right to the rights to be used by the transferred authority, the person is used. The procedure of the procedure requires the procedure of a violation by regulation at the decree. 97 /2010/NĐ-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 rights subject to regulation 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.

3. The identification of the scope of the protection of industrial ownership as a base determines the violation of industrial ownership made under the regulation at Article 16 of the Protocol. 103 /2006/NĐ-CP modified and Article 6 Decree 105 /2006/NĐ-CP I'm sorry

The identification of the violation of industrial ownership is carried out by regulation at the terms 8, 9, 10, 11, 12 and 13 Decree. 105 /2006/NĐ-CP I'm sorry

4. Some note when determining the element of the violation of rights to the invention:

a) Product/product division/process considered to be considered to be a coincidence or equivalent to the product/product division/process protected under a certain point (independent or dependent) of the protection request belonging to the patent monopoly/proprietary solution Useful if all the underlying specifications are stated in that point are present in the product/product division/process reviewed in the form of a duplicate or equivalent, in which:

(i) The two signs (characteristics) techniques are considered to coincide if that sign has the same nature, the same purpose used, the same manner of achieving the purpose and the same relationship with other signs as stated in the protection requirements;

(ii) The two signs (characteristics) techniques are considered equivalent to each other if there is a similar or alternative nature to each other, which has the purpose of use and the way to achieve the purpose of using the basic use is the same.

b) 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 request, the product/product division/process is considered to be non-identical/not equivalent to the product. product/product/process protected by that point.

5. Some note when determining the element of the right to the industrial style:

a) The product m/part of the considered product is considered a copy of the protected industrial style if the product/portion of the product has a set of external styroform features containing all the basic styroform characteristics of the protected industrial style. Come on

b) The product/portion of the reviewed product is considered to be a copy of the protected industrial style if the product/portion of that product has a set of external styroform features almost contained all the basic styroform characteristics of the industrial style. It ' s been protected, it ' s different about the traits that are not easily recognizable, remember.

c) The overall case of an external form of a product/product part is considered a copy or of the nature of a copy of the set of the external stymarks of at least one product in the protected industrial-style product suite. It's also considered an invasion of that kind of industrial.

d) 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 other industrial styles. The set of basic character features can be cube shapes, lines, correlation between block and/or line features, color features identified on the basis of photo/drawings, the type of industrial-style description accompanied by a Type You know, industrial.

6. Some note when determining the element of violation of rights to the label:

a) The base evaluated the confusion of the sign with the label that is being protected including:

(i) The overall protection range, 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, particularly the strong impression of the consumer;

(ii) The relevance of the goods, services of function, use, composition, component practice; distribution, distribution, selection, use of goods, services; conditions, methods, distribution, 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, marketing, marketing service;

(iii) The characteristic of the object of consumption of goods, services; the level of attention of consumers when selection, purchase of goods, services;

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

(v) The evidence of the mistaken consequences for consumers can be used to support the misleading assessment of the use of the sign but not the mandatory conditions in making conclusions about the misleading ability of the use of signs and the use of a single-sign. -No.

b) Some of the comments when determining the conduct of the right to the label:

(i) The case of using signs of infection for the goods, services that coincide with the label and goods, the service identified at the trademark registration certificate or the International Registration Certificate is protected in Vietnam or the International label of the organization. Intellectual property of the world, it does not need to consider the potential to confuse consumers about goods, branded services;

(ii) 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 Certificate in Vietnam or the International trademark of the World Intellector Organization, it is necessary to consider the possibility of confusing the person. consumption of goods, branded services.

c) Some of the comments when determining the behavior of infraction against the famous brand:

(i) The case uses a sign of a duplicate or similar to the famous label or sign in the form of a translation, a transcription from the popular label for goods, any service including goods, non-duplicate services, not the same and not related to 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.

(ii) The case using a duplicate sign or similar to the famous label under the code (i) point c 6 This is not likely to be confusing to the source of goods, services but causing false impression on the consumer about the relationship. It ' s also considered an invasion of industrial ownership.

(iii) When filing a request for breach of the breach against the famous label, the right subject 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.

(iv) Before deciding to proceed with violations of the breach, the agency had the authority to handle 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 authorities with the jurisdiction may exchange professional opinions with the Bureau of Intellecingenuation and take the advisory council opinion.

The well-known trademark case in Vietnam is recognized by civil proceedings or by the decision to recognize the Bureau of Intellectual Property, the violation of the breach may be based on relevant documents to consider the recognition of the trademark. is famous in Vietnam if the recognition of the famous label of the above bodies at the time of the request for processing of the breach is consistent.

7. Some note when determining the element of violation of the right name to the trade name:

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

(i) The proof of proof that the trade name is used in the business area (e.g., used at where there are customers, friends or have a reputation through advertising, marketing, distribution) in the legal business sector (recorded in the following). Business registration certification, investment license, qualified certificate of business for the conditional business professions, registration of tax code, the charter of the company registered with the competent authority or documents of legal value, and the licensing of the law. other);

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

b) Business registration certification, investment license, business condition certificates, tax code registration, corporate charter is seen as evidence to prove the legitimacy of business activity under the trade name. The name of the business in the above papers is only considered a commercial name when there are documents that prove that the business name is used in the practice of legal business and to meet the prescribed protection conditions at the terms 76, 77 and 77. 78 of Intellecintellectual Property Law.

c) The case of the use of trademarks, industrial styles, authorship rights, trading names, geographical guidance, and disputes, the processing of accordance with regulation at Article 6 of the Intelleclogical Property Law, Article 17 Decree 103 /2006/NĐ-CP amended, Article 29 Decree 97 /2010/NĐ-CP and follow the following specific instructions:

(i) Based on the document, the proof of the moment of birth, which determines the right to obey the principle of the right to the object that arise, established before it is protected.

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 benefit of the government. public, rights and legal interests of the organization, the individual and not to be violated the other provisions of the relevant law;

(ii) Base in the office of protonation, certificate, confirmation of the authority with authority and related documentation, contract content, legal agreement between parties to determine the scope of the protection to the object being conserved under the form of property subjects. It ' s different wisdom.

(iii) The case of a commercial name, a branding label that is used before the geographical designation or label bearing the corresponding address issued by the protection and these objects all meet the statutory conditions under the law, the use of the name. 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.

d) The case of using at the same time the subjects stated at this point the effect affecting the rights, the interests of the third party, the consumer, the society and the required disposal of 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 of Article 29 of the Agreement. 97 /2010/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, it is reported that it will be subject to regulation at the Decree. 97 /2010/NĐ-CP.

8. Some note when determining the conduct of the right to the geographical directive:

a) The base assessing the mistrability of the sign 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.

b) The product, the goods violation may be:

(i) The product of the same type bears an effect with the geographical directive produced locally in the protected geographical area but does not respond to the condition of the specific quality of that geography;

(ii) The product of the same type bears a duplicate or similar to the geographical only but not produced locally in the protected geographical area, including the case that the product has the corresponding parameters in terms of quality, production processes and other products. product management;

(iii) A product of the same type that bears a duplicate or similar geographical directive produced locally in the protected geographic area and meets the specific quality conditions but the organization, the individual producing that product is not organized. The management of that geographer is licensed to use only geographical instructions;

(iv) The same product carries the sign of a duplicate or similar to the geographical directive intended to take advantage of the reputation, the prestige of geographical and/or misleading instructions on the geographical origin of the product, regardless of where the product production is in the region bearing geographical guidance. Okay, okay, okay, okay.

9. Some note when determining the conduct of an industrial ownership of regulation at paragraph 11 Article 11, paragraph 10 Article 12, paragraph 7 Article 14 Digital Protocol 97 /2010/NĐ-CP:

a) The organizational case, the individual who does the behavior that attaffes the breach to the product, the goods in the production process, the agency has the authority to handle the production behavior.

b) The organizational case, the individual does not perform the production behavior that only does the behavior that attacts to the breach of the product, commodity or packaging of the product, the goods, and the authorities with the authority to handle the behavior of the breach.

10. Some note when dealing with an infringement of industrial ownership in exports or transit:

The authority with the authority to handle violations in the export or process of goods encroassing on industrial ownership in the case of evidence asserts that the publication of export or transit goods is not realistic and aims to bring goods to the public. It ' s circulating in Vietnam.

11. The organizational case, reusable individual, repair, product recycling, branded product packaging, commercial name, geographical directive that has been subject to market rights to create another product is also considered to be a violation of public ownership. Competitive or competitive behavior is not healthy if the use is confusing to consumers of the commercial origin of the product, business subject, business activity, or the properties of the product according to the corresponding regulation of infringes on the product. Industrial ownership and competitive behavior are not healthy.

The regulation at this clause does not apply in the case of a product that has a clear announcement on the product, the packaging of products that are reused, repaired, recycled, and has removed signs that are potentially confusing to consumers of commercial origin. of the product, business subject, business activity or the properties of the product under the corresponding regulation of industrial property rights violations and unhealthy competitive behaviour.

What? 9. violation of regulation at Article 13 Decree 97 /2010/NĐ-CP

1. violation of regulation at Article 13 Decree 97 /2010/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. The school (for example, through contract purchase, printing contracts, declarable documents with authority, sample packaging, stamps containing stamps, labels, items of infraction are in possession, shipping, and sale).

2. Tem, label, other items prescribed at Article 13 Decree 97 /2010/NĐ-CP is understood to be the manufacturer ' s stamps, distributors, importers to mount the product, including quality check stamps (KCS); the label of goods; the subject of product packaging; product packaging; the product department can separate but not be circulated independently, on the other hand. It's printing, casting, putting out the label, guiding the false geography.

What? 10. parallel import

1. parallel to regulation at paragraph 2 Article 28 of the Decree 97 /2010/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. foreign affairs, although not the consent of the owner of the industrial ownership.

2. The organization, the individual who performs the bilateral import behavior is not fined the administrative breach. Some examples of parallel import behavior:

a) Company A is the patent monopoly on the product X is being protected in Vietnam. The company A commission for its agent was Company B in Vietnam to be allowed to import and distribute X products exclusively in Vietnam. The company C buys and imports into Vietnam products X produced by the Company A and sells in the foreign market, despite not being agreed by Company A and Company B.

b) The company A is an exclusive industrial style Y is being protected for the G-style model in Vietnam. Company A grade-level company for Company B to produce a Y-style G production in Vietnam, while also issuing the lith-gas to Company C to produce G-based products in other countries. The company D buys and imports into Vietnam product G carries the Industrial Style Y produced by the Company C and sold in the foreign market, although it is not agreed by Company A, Company B and Company C.

c) Company A is the Z-branded owner to be protected for foreign T products. Company A founded the branch Company B in Vietnam and agreed to the Company B to submit its registration and stand the name of the Certificate of Registration Z for the T-product in Vietnam. The company C buys and imports into Vietnam the Z-branded T is manufactured and sold in the foreign market, although it is not agreed by Company A and Company B.

What? 11. Behavior of unhealthy competition in the field of industrial ownership stipulated at Article 14 of Decree 97 /2010/NĐ-CP

1. Behavior using only misleading trade

a) The subject has the right to ask for the conduct of conduct using a misleading trade directive as the business subject used before regulatory guidelines stipulated at the 2 Article 130 of the Intellectual Property Law in a broad, stable manner in business operations. In Vietnam, the prestige of business and goods is known by consumers and services.

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

(i) "commodity labels" as writing, prints, drawings, drawings of letters, drawings, stickers, prints, prints, touch, touch, engrave directly on the goods, packaging of goods of goods or on other materials that are mounted on goods, product packaging of goods. The goods exhibit basic content, the need for goods to be recognized by consumers, make choices, consume and use; let the manufacturer, business promote its goods and let the authorities perform the test, control;

(ii) "Business slogan" is a group of words that appear next to the business name or brand of the business of the business to emphasize the purpose or business criteria of the business or the customer object that the product aims to.

For example: Bitis ': "To the feet of the feet of the Vietnamese."

"Central Highlands:"

(iii) "Business symbol" is the sign, writing, drawing, cube shape designed in a unique way and is considered to be a symbol of the business used in business operations;

(iv) "Commodity Packaging" is the design, the decoration of the goods of goods, including shapes, lines, drawings, letters, numbers, colors, the way of presentation, the way of coordination, the layout, the combination of the elements, and the character's character. You know, the packaging.

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:

(i) The business subject has used a wide, stable, steady trade directive, which is widely known by many consumers in Vietnam, which may include: advertising, marketing, exhibition displays; sales revenue; the number of products sold; the company ' s largest operating system. 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;

(ii) The party is required to handle the use of misleading trade instructions on goods, packaging goods, business vehicles, service vehicles, advertising vehicles; and more.

(iii) The subject is required to continue using a misleading trade directive, although it has been asked by the owner to end the use or change of instructions.

2. Registration behavior occupies the right to use or use domain name

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

b) Registration behavior occupies the right to use or use the domain name considered to be unwholeable competition for industrial possession in Vietnam, except that the domain has been allocated through the form of auction or enforced matrices at a point of 2 Articles. 48 of the Telecommunications Law, belonging to one of the following cases:

(i) Use of the national name Vietnam ". vn" contains either the same or similar to the label, commercial name, or geographic guidance which is being protected and used for advertising, product introduction, sales, sale of goods, services of the infection, is similar or relevant on the electronic information page for which the name of the domain leads to; confusion and damage to the prestige or matter to the label owner, commercial name, or the geographical designation;

(ii) Registration for the use of the national name of Vietnam ". vn" contains the signature of the inscription, commercial name or prestigious geographical guide, reputation in Vietnam but over a year the domain name has not yet taken into use for specific operations and its use. has an organizational proof base, the only registered individual who occupies the right to use the domain name for resale to profit or impede trademark holders, commercial names, that the protected geographical guide is registered to the domain name.

c) The subject of the handling of the registration behavior that occupies the right to use or use the domain name is considered to be unhealthy competitive behaviour on industrial ownership that must provide proven evidence:

(i) The sovereign has used a trademark, geographical guide, a wide, stable, commercial name, which is known by consumers in Vietnam, the reputation of the owner of industrial ownership and goods, branded services, geographical guidance, name, and 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 pitchers and other information that express credibility, the reputation of business subjects, commodities, branded services, and more. ensign, address the geography, that trade name.) in his business in Vietnam;

(ii) The side is required to handle the use of domain names on the Internet to advertise, introduce products, order goods, sell to goods, duplicate services, similar or relevant, do damage to the reputation, reputation or matter to the label owner, the commercial name or the geographical directive is being protected.

The party is required to continue using the brand name, commercial name, misleading geographical direction through that domain despite having already been branded by the owner, commercial name or address of the information and agreement with the right conditions but is not allowed to do so. approval;

(iii) The side is required to have registered for, but too one year has not yet entered into operation domain name containing the same as the trademark, commercial name, geographical guidance, which has been widely used and reputable, reputable in Vietnam and has a proven base. required handling only registration only to the right to use the domain name for resale to profit or impede trademark holders, commercial names, geographical instructions that are being told to register the domain name, despite having already been informed by the owner of the company ' s notice and agreement. It is not acceptable, but it is not approved.

(iv) The party is required to handle no legal rights and benefits to the trademark, the geographical only, the commercial name that has been protected by the holder of the rights.

Chapter III

PROCEDURE FOR FILING AND PROCESSING

What? 12. Single and accompanying certificates for violation of the breach.

1. The violation of the violation of the breach must meet the conditions under regulation at Article 26 of the Protocol 97 /2010/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 evidence agency 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 required side of the supply.

What? 13. filing a request for breach of violation

1. 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.

2. 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.

For example: Inspector of the Ministry of Science and Technology, Inspector of Ministry of Information and Communication, the Bureau of Competition Management has all the authority to handle unhealthy competitive behaviour concerning the domain name. The rights subject can be selected to file a request for a non-healthy competitive behavior regarding the domain by the order of the executive order, the procedure stipulated at the Protocol. 97 /2010/NĐ-CP at one of the three bodies above.

3. The right-to-right body case requires multiple competent authorities to handle the same infringed behavior that the first receptor will have the authority to resolve.

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? 14. Human Rights Processing Committee

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 provisions at Article 25 of the Protocol. 97 /2010/NĐ-CP and note some of the following cases:

1. The root proxy text that includes the authorized content execution procedure of violation, protection, industrial ownership enforcement filed in earlier records for the same violations agency, the subject of the right to submit copies and only the original text of the original text. The authority.

2. The original authorship document case that includes the proxy content implementation of the procedure for violation of the breach, protection, enforcement of the ownership of the industry has submitted to the Department of Intellecintelligence Property or other authority, the subject of the body's confirmation of the body. is saving the original authorship of the proxy text.

What? 15. Consider the request for breach of violation

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 the code point 2 Article 27 Decree. 97 /2010/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 under the regulation at point 2 Article 27 and point a Three Articles 27. Decree. 97 /2010/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. I mean, at the six-Article 28 Decree No. 97 /2010/NĐ-CP The corresponding deadline is regulated up here.

The parties may provide the authority with the authority to dispose of the specialized opinion text of the state governing body on industrial ownership, the document concluded the ownership of the industry, the decision to resolve the dispute, the decision to handle the alleged violation of the government. have the relevant or similar agency of the competent organ and the documents, 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 the resolution at the expense of the two Articles 29 and point 2 of Article 30 Decree. 97 /2010/NĐ-CP.

What? 16. 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 at paragraph 5 Article 28 Decree. 97 /2010/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 prescribed violation at Article 26 Decree 97 /2010/NĐ-CP, The authorities with the authority to sentence the document to the conclusion, the decision to execute, the notice of rejection, or suspend the breach for the organization, the individual requesting the same procedure as the same procedure stipulated at paragraph 4 Article 33 of the decree. 97 /2010/NĐ-CP.

What? 17. Coordination of breach processing related to business name

1. When receiving a petition to handle an infringement of an industrial property rights to the label, the geographical guide, commercial name or the unhealthy competitive behavior of industrial ownership associated with the name of the business, the agency has the authority to handle the virus. You can ask for a request for a request to provide a request for information, document, certificate, at the point of a paragraph 3 Article 27 Decree. 97 /2010/NĐ-CP Or conduct inspection, check, verify, gather evidence. On the basis of the review of the documents, the evidence, the authorities with the authority to handle the breach put forth one of the following texts:

a) The text that concludes the use of the business name is a violation of industrial ownership, which reviews, concludes that the business name contains the element of violation of the rights to the label, the geographical directive, the protected trade name; the use of the name. that business on goods, business vehicles, service vehicles, signs, trading papers in the field of business involved is considered to be an infringement of industrial ownership or unhealthy competition;

b) The decision to punish the administrative violation under jurisdiction in which the application of remediation is to rename the committed business.

2. The case of an agency with a jurisdiction over a written violation of a written statement about the use of a business name is a violation of a prescribed violation at the point of one Article the authorities have the authority to dispose of that text to the subject of the right, the breach, and the creation. event for the parties to deal with the agreement, negotiation in the fifteen-day period since the date of receiving this conclusion text:

a) The case of the parties has reached an agreement and proposed the appropriate solution of the regulation of the intellectual property law, which does not affect the rights and interests of the third party, the consumer and the society as prescribed at paragraph 2 Article 29 Decree. 97 /2010/NĐ-CP then the authorities have the authority to document the notice of that agreement and stop solving the case;

b) The case of parties that did not reach an agreement in the specified deadline then the party's request for a written violation of a written violation of a business name violates industrial ownership in accordance with the provision of a paragraph 1 This is accompanied by the application order. Business regionship requires that the business to invade the ownership of the industrial right to change the name of an infringement business by regulation at Article 17 of the number. 43 /2010/NĐ-CP of the Government on April 15, 2010 on Enterprise registration (after this is called Decree) 43 /2010/NĐ-CP);

c) The business case with a violation of the non-executive name changes the business name in accordance with the stipulation at this point, the business registry informed the agency with the authority to handle the breach of the inspection, inspection, and process of regulation. of the Decree 97 /2010/NĐ-CP.

3. The case of an organ with a jurisdiction over violation of the decision to execute the prescribed violation by regulation at the point b 1 Article:

a) The agency with a violation of the breach of the breach sent the decision to punish the administrative violation for stakeholders and business regioners to ask the business to rename the business violated by regulation at Article 17 of the Decree. 43 /2010/NĐ-CP;

b) The business case with the name of the violation does not proceed with the procedure of changing the name of the business under the stipulation at this point, the office of business registration is based on the decision to be taken to bring information on the business of violating the regulations on the property. industry on the National Enterprise Registry portal.

What? 18. Coordinated violation coordination related to domain name

1. When receiving a request for a non-healthy competitive behavior relating to the domain name, the agency with the authority to process the breach may require the side to be required to provide information, documentation, certification, by regulation at a point of 3 Articles. 27 Decree 97 /2010/NĐ-CP Or conduct inspection, check, verify, gather evidence. On the basis of the review of the documents, the evidence, the authorities with the authority to handle the breach put forth one of the following texts:

a) The text concludes the name of the duplicate or similar confusing to the label, the protected trade name of others or the geographical directive that he has no right to use; and the registration of the occupation of the right to use or use of that domain is considered. Whether it ' s not healthy, whether it ' s healthy or not.

b) The decision to punish the administrative violation under jurisdiction in which the application of remediation is to force the recall of the violation.

2. The case of an organ with a jurisdiction over the violation of the text that concludes the name of the breach in accordance with Article 1 of this, the authority has the authority to submit that conclusion text to the subject of the rights, the breach, and the facilitation of the parties. It negotiable, 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 appropriate solution of the regulation of the intellectual property law, which does not affect the rights and interests of the third party, the consumer and the society as prescribed at paragraph 2 Article 29 Decree. 97 /2010/NĐ-CP then the authorities have the authority to document the notice of 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 case of an agency with a jurisdiction over the violation of the decision to punish the administrative violation in which the applicable remediation is "forced to revoking the name of the breach" after a year, since the date of the decision to punish the administrative breach or the trial decision. The competing case is valid, if the party is not voluntarily enforced, the agency with the authority to dispose of the text sent to the Vietnamese Internet Center for the recall of the domain name. The procedure, domain recall procedure is carried out in accordance with the laws of information technology, telecommunications, the Internet, and regulations on management and use of the Internet resources of the Ministry of Information and Communications.

What? 19. Coordination of a product-related breach of the product, goods affecting health, environment, social safety and health.

1. When receiving a request for processing 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 a point b 3 Article 24 Protocol. 97 /2010/NĐ-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 proof, the procedure at the point of a paragraph 3 Article 27 Decree. 97 /2010/NĐ-CP or in coordination with the subject of the right to conduct inspection, check, verify, gather evidence. On the basis of the review of the documents, the evidence, the authorities with the authority to handle the breach put forth one of the following texts:

a) The text concludes about the invasion of industrial ownership;

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 property at the point of a 1 Article the authorities have the authority to submit that conclusion text to the subject 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 the society as prescribed at paragraph 2 Article 29 Decree. 97 /2010/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 the breach of the breach, the document informed the agreement of the parties or the decision to punish the administrative breach for the industry ' s state governing body, the relevant field for coordinating violation of the sector. the consideration of the refusal to grant, renew or suspend the license to circulate the product according to the rule of law.

What? 20. Work on the case while there is a dispute

1. In the event of a prescribed dispute at paragraph 1 Article 29 Decree 97 /2010/NĐ-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 handling the breach when there is a prescribed dispute at the point a 2 Article 30 Decree. 97 /2010/NĐ-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:

(i) When receiving the notification text of the competent organ in the procedure of establishing the right to have the application of the annulled order annulled, the termination of the protection of the protection of the protection, complaints about the scope of the protection of the industrial ownership associated with the object in the order of treatment. breaking; or the decision to passively decide the court of the trespassing; or the complaint, disputes the ownership of the industrial ownership associated with the object in the order to handle the breach;

(ii) When it is seen that the case involves a contract dispute between the parties on the right to use an industrial property.

b) The stop message resolution must specify the base, the reason, the time to stop the settlement, the right, the obligations of the stakeholders and be sent to the side of the violation of the breach, the party is required to handle the breach and the authority to address the dispute, the complaint. Patience.

3. The authority has the authority to request the owner of the program, committed by regulation at a point b paragraph 1 Article 29 Decree 97 /2010/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 an application for the protection of the object stating in the application of a violation of the breach at the body of the industrial ownership of the property 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 a specified compensation responsibility at the point b paragraph 2 Article 35 Decree 97 /2010/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

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 paragraph 2 This is the violation of the violation of the Prescribed Violation. At the point of one Article 30 Decree. 97 /2010/NĐ-CP.

What? 21. Thu, file fines and management, use money to submit administrative violations

The collection, filing of fines; management, use of the payment of administrative violations in the field of industrial ownership and receipt of fines are made by regulation at the United States Protocol. 124 /2005/NĐ-CP June 6, 2005 of the Government Regulations on receipt of fines, management, use of the payment of administrative violations and regulations at No. 47 /2006/TT-BTC 31 May 2006 by the Ministry of Finance instructs several provisions of the Digital Protocol. 124 /2005/NĐ-CP Come on.

What? 22. Responsible support of the rights holder in the operation of inspection, inspection, verification, and breach of violation.

1. The owner of the right to ask for a violation of the infraction may suggest a collaborative content of technical assistance, including information, documentation, travel media, technical equipment, and funding support for the authority to investigate, verify, collect evidence, dispose of the evidence, Violation by regulation at point 2 Article 27, paragraph 5 Article 36, paragraph 3 Article 37 Decree 97 /2010/NĐ-CP.

2. The cost of assisting the investigation, verification, evidence collection, funeral processing, violation in the field of industrial ownership said at paragraph 1 This is considered a reasonable cost to protect industrial ownership and be accounted for by the cost of manufacturing. The rules of Article 32 of the Decree. 103 /2006/NĐ-CP I'm sorry

3. The Agency with the authority to handle the responsible violation of the funding is in the following principle:

a) Use in accordance with the right content of cooperation, support to which the authority is required to process the proposed breach with the condition of collaborative content, that support is not contrary to the rule of law;

b) Ensure transparency, which does not coincide with the costs that are spent from the state budget and must be opened on its own track accounting books;

c) At the end of the fiscal year, the body with the jurisdiction is responsible for reporting the top-level financial agency to monitor and control the use of the rights source ' s support funding.

Chapter IV

PERFORMANCE EFFECT

What? 23. This investment comes into effect after 45 days, since the date of the issue. The unresolved cases to this date of this date have the effect of being resolved by regulation at this discretion.

In the course of execution, if there are issues of birth or difficulty, entangrium, agencies, organizations, individuals reflect on the Ministry of Science and Technology to timely review, resolve.

Minister.

(signed)

Nguyen Quan