2015-09-26

The Ministry of Science and Technology has recently released new

regulations on marker of industrial skill infringements on

the Internet.

These regulations make adult an critical partial of Circular No.

11/2015/TT-BKHCN (the Circular) running a doing of Government

Decree No. 99/2013/ND-CP on supporting of executive violations in

the margin of egghead skill (IP).

The Circular took outcome on Aug 11, replacing Circular No. 37/2011/TT-BKHCN.

According to a new regulations, an classification or particular will be

regarded as carrying committed acts of astray foe in a IP sector

if unwell into possibly of a following dual cases:

(i) regulating a Vietnam’s inhabitant domain name “.vn” with a quarrel of

characters matching or confusingly matching to a stable or well-known

trademark, trade name or geographical denote to publicize or

introduce an matching or matching product or use on a website which

such domain name leads to, so causing devout or component damage

to a official owners of such trademark, blurb name or geographical

indication; and

(ii) induction or appropriating a right to use a Vietnamese domain

name “.vn” with a quarrel of characters matching to a prestigious and

well-known trademark, blurb name or geographical denote in

Vietnam with a perspective to offered such domain name to others to seek

profits or interference a owners of such trademark, trade name or

geographical denote in induction a domain name applicable to such

trademark, trade name or geographical indication.

The regulations go on to indoctrinate what official rights holders need to do to ask efficient authorities to hoop infringers.

In a initial case, a right hilt contingency infer that he has widely and

stably used a trademark, trade name or geographical denote and has

been widely famous in a nation as a hilt of IP rights over, as

well as owners of products and services bearing, such trademark, trade name

or geographical indication. And he should also justify that the

infringer has used a violating domain name to advertise, deliver or

sell identical, matching or associated products or services and caused

spiritual or component repairs to his business and keeps regulating such domain

name notwithstanding being asked to stop regulating it. In this case, a rights

holder might use income total and series of products sold,

advertisement and selling information, open assessment, consumer

voting results, etc. as explanation of his status and reputation.

In a second case, a right hilt contingency infer that a infringer has

registered a domain name but, instead of regulating it, attempted to sell it to

seek increase or hinder a official rights hilt of a domain name to

register it.

In a universe today, with a appearance of digital technology, a Internet

has indeed spin a good component that changes a approach we live, think

and work. The control and possession of a right to discharge an

appropriate domain name yield a vital advantage for a holder. For

that reason, a series domain name disputes has been on a arise in

Vietnam over a past years.

An painting of this problem is a brawl over a domain name

ibm.com.vn between Gia Hao Informatics Ltd., a internal company, and IMB

Vietnam, a bend of International Business Machines (IBM) – a

well-known American corporation.

In fact, a brawl started some-more than 10 years ago. In 2003, Gia Hao

filed a ask for registration of a domain name ibm.com.vn. The

Vietnam Internet Network Information Center (VNNIC), a inhabitant domain

name registry, in a discreet move, put a domain name on a list of

disputable ones and, parallel endorsed IMB Vietnam to register

that domain name. Past a told deadline, as IMB Vietnam unsuccessful to

reply, VNNIC postulated a domain name to Gia Hao. A few days later, IBM

Vietnam filed a censure with VNNIC, claiming that no one though IBM was

entitled to register for this domain name. Gia Hao, in a turn,

explained that “ibm” was a shortening of “intelligent business

management” and, therefore, had no tie with a American

corporation’s brand. It was not to discuss that Gia Hao traded in

security cameras and anti-theft inclination and, therefore, could not be

regarded as a opposition of IBM Vietnam.

Until now, there appears no finish in steer for a dispute.

The distribution of a Circular scarcely dual years after Decree No. 99 came

into force also aims to mention some other reserve of Decree No. 99,

thus facilitating correspondence and coercion activities.

Under Decree No. 99, in further to principal penalties, IP infringes

also face additional sanctions and calming measures, depending on the

nature and astringency of their infringements.

Additional sanctions embody lien of exhibits and means of

infringement; damage of a right to use IP illustration practice

certificates, assessor cards, and certificates of gift for

provision of comment services; and cessation of prolongation and

trading of infringing products and services.

Now, a Circular creates it transparent that lien of exhibits and means

of defilement will usually be additionally practical to counsel violations

in box it is required to sentinel off successive infringements or protect

the exhibits and means of defilement from drop or dispersal, or

when it is unfit to brand infringers.

The Circular also guides a focus of calming measures to IP

infringement cases, including dismissal of infringing elements,

destruction of component justification and amends of unlawful profits.

The magnitude of influential dismissal of infringing elements will request in

case a exhibits or means of defilement are products, goods, signboards,

means of business, or transaction papers that bear IP-infringing

signs or dubious blurb indications. Ways of dismissal include

detachment, disassembly, cut-off, erasure, erosion or other appropriate

measures.

Meanwhile, products temperament tawdry outlines or geographical indications

and materials, reserve and means used especially for a prolongation or

trading of such products; stamps, labels and equipment temperament counterfeit

marks or geographical indications or infringing elements; unusable

goods; products damaging to tellurian health, animals, plants and the

environment; products temperament infringing elements that can’t be removed,

will be destroyed. The magnitude of drop will also be practical in

case other doing measures can’t be implemented.

For a domain name-related infringement, a infringer will be forced to

change domain name information or lapse a domain name if refusing to

stop registering, appropriating a right to use, or regulating the

infringing domain name while unwell to strech an agreement with the

lawful owners of such domain name.

In box of craving name infringements, a infringer who continues

using a infringing craving name or fails to change it according to

the business registration office’s presentation or a agreement between

involved parties will be compelled to change a infringing name and

remove infringing elements from such name.

At a time a defilement is detected, should invoices and vouchers

related to a defilement and infringing products be found, a violator

will be forced to repay bootleg increase warranted from a violation.

Violators contingency compensate all losses for holding calming actions, a Circular says.

VLLF

Article source: http://english.vietnamnet.vn/fms/science-it/140151/new-rules-deal-with-ip-infringements-on-the-internet.html

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