ENFORCEMENT OF INDUSTRIAL PROPERTY RIGHT FOR INDUSTRIAL DESIGN

(Sample of Patent for industrial design)

When industrial design rights are infringed, industrial design rights owners can use CIVIL MEASURES to protect the industrial property rights for industrial design.

- This measure is provided in the Intellectual Property Law of 2005, amended 2019. As the intellectual property right is a civil right, the owner of intellectual property rights may request competent authorities to compel the infringer, to terminate the infringing act and to pay a compensation for the damages

- The IPR owner shall bear the burden of proving the claimed infringement. The complaint submitted to the Court must be accompanied by documentary evidence of the concerned IPR and proof of the infringement, namely:

+ Certified copy of  patent for industrial design

+ Evidence proving the infringement, including the information concerning the alleged infringer (name, address, business premises), samples of the genuine and infringing articles, scope of infringement ...,

+ The Vietnam Intellectual Property Research Institute (VIPRI)'s opinion of the acts of the infringement (which is not mandatory by laws but obviously helpful in later proceedings due to the lacking of Judges specialized in the IP field in Vietnam) and

+ Substantial damages and ground for calculation of damages in case claiming damages

+ Advance of costs of trial.

+ Expert Opinion regarding to Infringing Elements from VIPRI

STEPS FOR IP ENFORCEMENT FOR INDUSTRIAL DESIGN BY CIVIL MEASURE

* Assessment of industrial design

- Assessment of industrial design means the use by organizations or individuals with their professional knowledge and expertise to assess and make conclusion on matters related to industrial design rights.

- State agencies competent to handle acts of infringing upon industrial property rights may request industrial property assessment for industrial design when handling cases or matters they have accepted.

- Industrial property right holders for industrial design and other related organizations and individuals may request industrial property assessment to protect their legitimate rights and interests.

- VIPRI (Vietnam Intellectual Property Research Institute), a quasi-governmental organization, is the only agency in Vietnam authorised to provide expert opinions (statutorily known as assessment conclusions) on IP infringement.

- Sample of Report of assessment result

* Main works for IP enforcement

• Step 1: Warning, that is imposed to unintentional violation and on minor first-time violation with mitigating elements. This step is optional.

• Step 2: Request court to handle violations. In this step, the IPR owner for industrial design must prove his IPR and provide information and evidence about the infringing party's violations, such as purchase invoices, photos of signs, images of industrial property rights violations, etc.

Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: adong-ip.com