Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam:
Negotiation: requesting organizations, individuals
committing infringement acts of intellectual property rights to terminate the
infringing acts, apologize, publicly rectify and compensate damages;
Using administrative remedies: requesting the competent
agencies to handle infringement acts of intellectual property rights;
Filing claim at court or arbitration center: initiating a lawsuit at a
competent court or an arbitrator to protect their legitimate rights and
interests;
Negotiation is often used in the first step
to request the violator to stop the infringement of intellectual property
rights. However, this measure is not potentially effective because it
dependents on goodwill and cooperation of the violator as well as the legal
basis, evidences that you can provide to demonstrate and warn of violating
acts.
Relating to the dispute settlements, due to
high costs, complicated procedures and extended time, this measure is not
commonly selected as the best treatment.
In Vietnam, intellectual property
infringement is mainly dealt with through administrative measures. Depending on
their functions and responsibility, competent state management agencies deal
with infringements of intellectual property rights as per request of the IP
holders Currently, through the following agencies:
Inspectorate of the Ministry of Science and
Technology;
Economic Police of the Ministry of Public
Security and;
Market management of the Ministry of Industry
and Trade.
In case of dealing with infringements of intellectual property
rights in Vietnam, the holders should carry out the following steps:
1.Submission of a written request to
terminate an infringement of intellectual property rights:
This step is optional to save costs for the
infringed party as well as deal with the infringement on the basis of goodwill
and cooperation. The infringed party should send documents, including a
persuasive Cease and Desist letter and evidences, to the violator for the
purpose of requesting them to terminate the violation and commit not to repeat
the infringement in the future. In fact, many intellectual property right
holders have reached their goals at this step providing that they can collect
enough proof.
2.Requesting the competent state agencies to
handle acts of infringement of intellectual property rights:
In this step, the infringed party must prove
both its ownership to the intellectual property and information, evidence of
the infringement by the infringing party.
The application of administrative remedies is
effective handled, so it should be preferable to filling a lawsuit. After
requesting the administrative agency to penalize the infringing party, the
right holder still remain their right to initiate a lawsuit in court to claim
of damages. Actually, the combination of administrative measures and lawsuits
at court would be more effective for intellectual property right holders.
ANT Lawyers - a Law firm in Vietnam with a team of
experienced lawyers, IP consultants and IP agent in Vietnam in the field of
Intellectual Property will help customers implement procedures for registering
intellectual property rights in Vietnam in the most effective way.
Source
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