Measures for handling infingements of Intellectual property rights

Measures for handling infingements of Intellectual property rights
March 17 03:41 2014 Print This Article

There are 4 measures for handling infingements of Intellectual property rights:

– Civil remedies

* Compelling the termination of infringing acts;

*  Compelling the public apology and rectification;

*  Compelling the performance of civil obligations;

*  Compelling the payment of damages;

* Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials,

materials and means used largely for the production or trading of intellectual property right-infringing

goods, provided that such destruction, distribution or use does not affect the exploitation of rights by

intellectual property right holders.

– Adminitrative action

*  Principal sanctions:

> Cautions

>  Monetary fine

* Additional sanctions:

> Confiscation of intellectual property counterfeit goods, raw materials, materials and means used

mainly for production or trading of such intellectual property counterfeit goods;

>  Suspension of business activities in domains  where infringements have been committed for a

definite time.

* Consequence remedies:

> Compelled destruction or distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for production or trading of such intellectual property counterfeit goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders;

>  Compelled transportation out of the Vietnamese territory of transit goods infringing upon intellectual property rights or compelled re-export of intellectual property counterfeit goods, as well as imported means, raw materials and materials used mainly for production or trading of such intellectual property counterfeit goods, after infringing elements are removed from such goods.

– Criminal measure

– Border control

> Suspension of customs procedures for goods suspected of infringing upon intellectual property rights;

>  Inspection and supervision to detect goods  showing signs of intellectual property right infringement.

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