According to Vietnam law on intellectual
property, when detecting the trademark infringement act, the trademark owner
has the self-protection right includes (i) apply technological measures to
prevent acts of trademark
infringement (ii)
request organization or individual who commits an act of trademark infringement
of the holder to terminate such act, make a public apology or rectification,
and compensate damages; (iii) request the competent authority to handle with
acts of trademark infringement in accordance with the provisions of laws.
Trademark Infringement in Vietnam
Firstly, to apply the technological measures to
prevent acts of trademark infringement measure, infringed party may give our
the information related to original of emergence, trademark certificate,
protection and duration scope and other information related to the right of
trademark owner in order to inform that the infringed trademark are under
protection warn the infringing party not to infringe. Besides, the owner of
infringed trademark may use the technical means or measures to mark, identify,
distinguish and protect the infringed trademark.
Secondly, the owner could also request organization or individual
who commits an act of trademark infringement of the holder to terminate such
act, make a public apology or rectification, and compensate damages. In
particular, the trademark owners may themselves or authorize to individual or
organization, IP attorney in Vietnam to send to the infringed party to stop the
the infringement by indicating the information regarding origin of
infringement, trademark certificate, protection scope, protection duration and
set a reasonable period of time for the infringer to terminate the act of
infringement. In addition, depending on the case and level of infringement, the
written request will bear different content. It can be said that this is a
prior-should-use measure before taking other measures including application of
technological measures. If the violating party cooperates and stops the
infringement, it will save time and money of both parties when not taking other
stronger measures.
Thirdly, owner of trademark could request the competent authority
to deal with acts of trademark infringement in accordance with the provisions
of laws. When the trademark owner sends the request as mentioned above to
infringing party, and, the violated party does not cooperate and continue the
infringement, infringed party may sent a request to competent authority with
the information such as: date of making the request; name and address of
infringed party or their legal representative; name of receiving request
authority; name and address of infringing party; name and address of the
suspected violator in the case of request for temporary cessation of customs
clearance for exports or imports suspected of infringement; brief information
of infringed trademark and infringement; proposed measures to handle
infringement; documents and evidence accompanying the request. Depending on the
seriousness of the infringement, the petitioner may submit a request to the
relevant authorities to apply administrative, civil, criminal or customs
measures. Be noted that if the request is sent to custom authority for
temporary cessation of customs clearance for imports or exports suspected of
infringement, it is required to provide the additional information on the mode
of import or export, country of exportation, mode of packaging, the lawful
importer or exporter, features of lawfully imported or exported goods for
distinction from infringing goods.
Overall, it is important to protect the intellectual property
rights. Further, engaging with IP attorney in Vietnam will help the process
efficiently from registration, managing the intellectual properties, protecting the intellectual
property from infringement,
and handling the disputes against the IP violators in Vietnam through
administrative measures, civil litigation or even criminal prosecution.
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