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