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Enforcement

Overview    

Organizations and individuals that have committed acts of infringement of other’s intellectual property rights are liable to civil, administrative or criminal remedies, depending on nature and extent of such infringement.

In appropriate cases, State competent agencies shall have the right to apply provisional measures, intellectual-property-related control measures with regard to imports and exports and preventive measures and shall ensure that administrative penalties shall be imposed as provided for in this Law and other related laws and regulations. 

Infringement of IPR - Authorities in handling the infringement of intellectual property rights

1. Courts, inspectorate, market management agencies, custom offices, police agencies and the People’s Committees of all levels, within its duties and authorities, are entitled to handle acts of infringement of intellectual property rights.
2. The application of civil remedies and criminal remedies shall fall within the authorities of the courts. In appropriate cases, the courts are entitled to apply provisional measures in accordance with the laws and regulations.
3. The application of administrative remedies shall fall within the authorities of inspectorate, police agencies, market management agencies, custom offices and the People’s Committee of all levels. In appropriate cases, the above-mentioned agencies are entitled to apply preventive measures and ensure that administrative penalties shall be imposed in accordance with the laws and regulations.
4. The application of intellectual property border control measures with regard to imports and exports shall fall within the authorities of custom offices. 

Acts of infringing the rights to marks, trade names and geographical indications 

The following acts if performed without permission of the mark owner shall be considered as infringement of the rights to the mark:

Using signs identical with a protected mark for goods or services identical with those in the list registered with the mark;

1. Using signs identical with a protected mark for goods or services similar or related to those in the list registered with the mark if such use is likely to cause confusion as to the origin of the goods or services;
2. Using signs similar to a protected mark for the goods or services identical with, similar or related to those in the list registered with the mark, if such use is likely to cause confusion as to the origin of the goods or services;
3. Using signs identical with or similar to a well-known mark, or signs in the form of translation or transliteration of a well-known mark, for any goods or services, including those dissimilar or unrelated to the good or service having the well-known mark, if such use is likely to cause confusion as to the origin of the goods or services or wrong impression as to the relationship between the user of such signs and the well-known mark owner.
Any act of using commercial indications identical with or similar to another person’s trade name having been used before for the same or similar goods or services that causes confusion as to business entities, business premises or business activities under the trade name shall be considered as infringement of the rights to the trade name.

The following acts shall be considered as infringement of the rights to a protected geographical indication:

1. Using the protected geographical indication for products that do not satisfy the peculiar characteristics and quality of the product having the geographical indication although such products originate from a geographical area bearing such geographical indication;
2. Using the protected geographical indication for products similar to the product having the geographical indication for the purposes of taking advantage of its the reputation and goodwill;
3. Using a sign identical with or similar to the protected geographical indication for products not originating from the geographical area bearing the geographical indication and therefore causing consumers mislead about the products originating from that geographical area;
4. Using a protected geographical indications of wines or spirits for the wines or spirits that are not originating in the territories corresponding to the geographical indication, even where the true origin of goods is indicated or the geographical indication is used in translation or transcription or accompanied by such words as “kind”, “type”, “style”, “imitation” or the like.

 

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Contacts

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