Ordinance on Handling of Administrative Violations, 2002:

Ordinance on Handling of Administrative Violations, 2002:
June 18 15:03 2015 Print This Article

 

The Ordinance on Handling of Administrative Violations was passed on July 2, 2002 and came into force on October 1, 2002. It was amended in 2008 by the new Ordinance on Handling of Administrative Violations. The Ordinance foresees general provisions in case of administrative violations and also regulates the special case of intellectual property infringements. Resorting to administrative procedures rather than suing the infringer to court is indeed sometimes regarded as faster and more effective.

When it comes in particular to intellectual property rights, articles 10 and 14 d) are to be considered. Article 10 concerns the prescription period for sanctioning an administrative violation related to intellectual property rights. According to this article then, the holder of an intellectual property right has two years to start an administrative procedure from the day the administrative violation began.

Fort its part, article 14 d) of the Ordinance provides for penalties in the special case of an administrative violation of an intellectual property right. The infringer may be fined up to 100 million dong in such case.

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