|
MINISTRY
OF SCIENCE AND TECHNOLOGY
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No.
06/2024/TT-BKHCN
|
Hanoi,
September 30, 2024
|
CIRCULAR
ON AMENDMENTS
TO CIRCULAR NO. 11/2015/TT-BKHCN DATED JUNE 26, 2015 OF THE MINISTER OF SCIENCE
AND TECHNOLOGY ON ELABORATION OF AND GUIDELINES FOR DECREE NO. 99/2013/ND-CP
DATED AUGUST 29, 2013 OF THE GOVERNMENT ON PENALTIES FOR ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF INDUSTRIAL PROPERTY
Pursuant to the Law on
Intellectual Property dated November 29, 2005; Law on amendments to the Law on
Intellectual Property dated June 19, 2009; Law on amendments to the Law on
Insurance Business, Law on Intellectual Property dated June 14, 2019; Law on
amendments to the Law on Intellectual Property dated June 16, 2022;
Pursuant to the Law on Penalties
for Administrative Violations dated June 20, 2012; Law on amendments to the Law
on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to Decree No.
28/2023/ND-CP dated June 2, 2023 of the Government on the functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No.
118/2021/ND-CP dated December 23, 2021 of the Government on elaboration of and
measures for implementation of the Law on Penalties for Administrative
Violations;
Pursuant to Decree No.
99/2013/ND-CP dated August 29, 2013 of the Government on penalties for
administrative violations in the field of industrial property; Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to the
Decrees on penalties for violations in the field of industrial property;
standards, measurement and quality of products and goods; scientific and
technological activities, technology transfer, atomic energy; Decree No.
46/2024/ND-CP dated May 4, 2024 of the Government on amendments to Decree No.
99/2013/ND-CP dated August 29, 2013 on administrative penalties for violations
in the field of industrial property, which has been amended by Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government;
Pursuant to Decree No.
65/2023/ND-CP dated August 23, 2023 of the Government on elaboration of and
measures for implementation of the Law on Intellectual Property on industrial
property, protection of intellectual property rights, rights to plant varieties
and state management of intellectual property;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The Minister of Science and
Technology issues a Circular on amendments to Circular No. 11/2015/TT-BKHCN
dated June 26, 2015 of the Minister of Science and Technology on elaboration of
and guidelines for Decree No. 99/2013/ND-CP dated August 29, 2013 of the
Government on administrative penalties for violations in the field of
industrial property.
Article 1. Amendments to
Circular No. 11/2015/TT-BKHCN dated June 26, 2015 of the Minister of Science
and Technology on elaboration of and guidelines for Decree No. 99/2013/ND-CP
dated August 29, 2013 of the Government on administrative penalties in the
field of industrial property
1. Amendments
to Article 1 as follows:
“Article 1. Scope and regulated
entities
1. Scope:
This Circular elaborates and guides
Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government on
administrative penalties in the field of industrial property, amended by Decree
No. 126/2021/ND-CP dated August 30, 2021 of the Government and Decree No.
46/2024/ND-CP dated May 4, 2024 of the Government (hereinafter referred to as
Decree No. 99/2013/ND-CP).
2. Regulated entities:
a) Entities stipulated in Article
1a of Decree No. 99/2013/ND-CP that commit administrative violations in the
field of industrial property;
b) Persons authorized to impose
administrative penalties and record administrative violations in the field of
industrial property as provided in Articles 15 to 21a of Decree No.
99/2013/ND-CP ;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Amendments
to Article 3 as follows:
“Article 3. Supplementary
penalties
When applying the supplementary
penalty stipulated in Point c, Clause 2, Article 3 of Decree No. 99/2013/ND-CP ,
the authorized administrative sanctioning officer shall apply the measure of
suspending part or all of the production, business, or service activities of
the violating organization or individual. This suspension applies specifically
to production, business, or service activities directly related to the
administrative violation being sanctioned. A full suspension of production,
business, or service activities for the violating organization or individual
shall be applied when the entirety of these activities is directly related to
the administrative violation being sanctioned.”.
3. Amendments
to Article 4 as follows:
“Article 4. Application of
preventive measures and assurance of enforcement of administrative penalties
The authorized administrative
sanctioning officer shall consider applying preventive measures to ensure
enforcement of administrative penalties temporarily holding a domain name upon
receiving valid documentation from the entity requesting action against unfair
competition related to the possession or use of a domain name, as stipulated in
Point a, Clause 16, Article 14 of Decree No. 99/2013/ND-CP , including:
1. A request
for the application of the preventive measure "temporary hold of domain
name" (submitted as a separate document or as part of the petition
regarding unfair competition related to domain name possession or use);
2. A power of
attorney as stipulated in Article 23 of Decree No. 99/2013/ND-CP (if
applicable);
3. Documentation and evidence
proving the act of unfair competition related to domain name possession or use,
as specified in Point c, Clause 2, Article 19 of this Circular.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article
6. Determination of illegal gains obtained from administrative violations
1. Illegal gains obtained from administrative
violations are the benefits acquired by an organization or individual as a
result of committing such violations, including:
a) Money;
b) Valuable papers;
c) Other goods or assets.
2. Determining illegal gains in
monetary form:
a) Illegal gains in monetary form
represent the total amount of money an organization or individual acquired from
the administrative violation. This is calculated as the revenue obtained from
the transfer, sale, or provision of goods or services in violation, after deducting
the direct costs constituting these goods or services, based on documentation
and proof verifying the legality and validity of these costs provided by the
violating organization or individual;
b) The illegal gains in monetary
form are determined as follows:
Illegal gains in monetary form =
Quantity of goods or volume of services transferred or sold x Unit price of
goods or services - Direct costs of producing goods or services, if the
violating organization or individual has sufficient records and documentation
to prove the legality and validity of these costs.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- The quantity of goods or volume
of services transferred or sold is based on the declaration of the violating
organization or individual, verified by the authorized administrative sanctioning
officer;
- The unit price of goods or
services is based on the records and documentation of the violating
organization or individual. If no records or documentation are available, the
unit price is determined according to the market price of similar goods or
services at the time the violation is detected;
If the quantity, volume, or unit
price cannot be determined, then the illegal gain is considered the total
amount of money the organization or individual received from the unlawful
transfer, sale, or provision of goods or services.
3. Determining illegal gains as
valuable papers:
a) Illegal gains as valuable papers
refer to all valuable papers obtained by the organization or individual from
administrative violations;
b) Valuable papers specified in
Clause 1 of this Article include types of valuable papers as defined by the
Civil Code and other valuable papers according to relevant legal regulations;
c) If the valuable papers have been
transferred, the illegal gains are determined by the actual amount received at
the time of transfer.
In cases where the valuable papers
have been disposed of or destroyed, the illegal gains are calculated based on
the book value from the issuing organization at the time of disposal or
destruction.
4. Determining illegal gains as
other objects or assets:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) If the objects or assets have
been transferred, sold, or destroyed, the illegal gains are determined by
either the market value of similar assets or the book value of the asset (if no
market value is available), or by the monetary value listed on the export or
import declaration (in the case of exported or imported goods) of the violating
organization or individual, after deducting the direct costs of producing the
goods, based on legal and valid documentation supporting these costs.”.
5. Amendments
to Article 7 as follows:
“Article 7. Violations of
regulations on industrial property protection indications and licensing of
industrial property rights as specified in Article 6 of Decree No.
99/2013/ND-CP
1. Wrongful
indications of legal status, as specified in Point b, Clause 1, Article 6 of
Decree No. 99/2013/ND-CP , refer to the act of providing misleading information
that implies the subject is protected by industrial property laws in Vietnam
when it is not, or has not been, protected. This includes cases where the
subject has filed for registration but has not yet been granted a protection
title, or where the protection title has been canceled, terminated, or expired
at the time the indication is made on goods, packaging, or business means, including:
a) Affixing indications on goods,
packaging, or business means that create a false impression that the goods or
services bearing the trademark that is protected by industrial property laws,
such as “trademark exclusively certified,” “protected trademark,”
“exclusive trademark of...,” or similar indications, including the use of
the ® symbol (indicating trademark protection in Vietnam). If the ®
symbol is used on goods or packaging and there is accurate information on the
protection status of the trademark in Vietnam (including supplementary labels
on imported goods), it is not considered a violation as per Point b, Clause 1,
Article 6 of Decree No. 99/2013/ND-CP .
b) Affixing indications on goods,
packaging, or business means that mislead about the protection of industrial
property rights for patents or industrial designs, such as “product
exclusively protected for industrial design”; product exclusively protected for
patent”; or “product manufactured under the patented process of...,” or
similar indications, including the use of “P” or “Patent” symbols (indicating
that the product is manufactured under a protected patent). If the “P” or
“Patent” symbol is used on goods or packaging, and there is truthful
information about the patent’s protection status in Vietnam (including
supplementary labels on imported goods), it is not considered a violation as
per Point b, Clause 1, Article 6 of Decree No. 99/2013/ND-CP .
2. The acts specified in Point c,
Clause 1, Article 6 of Decree No. 99/2013/ND-CP are understood as follows:
a) The act of receiving a trademark
license without executing a written contract in cases where the licensed
trademark is used on goods or packaging refers to obtaining the right to use
the trademark from the rights holder and applying it to goods or packaging, but
failing to formalize it through a contract that includes all the contents
required by Clause 1, Article 144 of the Intellectual Property Law. Consent
letters, Approval letters, or similar documents from the rights holder that
permit the use of a protected trademark without including all the details
required in Clause 1, Article 144 of the Intellectual Property Law are not
recognized as valid trademark licensing agreements;
b) Wrongful indication involves
marking goods or packaging with phrases like “manufactured under a license
agreement for industrial property of…” or similar expressions in Vietnamese or
foreign languages in the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- There is an agreement for using
the industrial property subject between parties, but the indication contains
incorrect information, such as the name or contract number.
c) Omission of indication involves
failing to mark goods or packaging with information indicating that the product
or goods were manufactured under a license agreement for the industrial
property subject.”.
6. Amendments
to the title of Section 2 Chapter II as follows:
“Section 2. Infringement and
unfair competition in the field of industrial property
7. Amendments
to Article 10 as follows:
“Article 10. Violations in the
field of industrial property on the Internet
1. The Internet-based act under
review is considered a violation in the field of industrial property if it meets
the criteria specified in Clause 4, Article 72 of Decree No. 65/2023/ND-CP
dated August 23, 2023, which details provisions and enforcement measures for
the Law on Intellectual Property concerning industrial property, protection of
industrial property rights, plant variety rights, and state management of
intellectual property (hereinafter referred to as Decree No. 65/2023/ND-CP).
Such acts are subject to administrative penalties under Decree No.
99/2013/ND-CP .
2. A domain name registrant who
allows another organization or individual to use the domain name, knowing or
having reason to know that it will be used to commit acts violating Clause 1 of
this Article, is also considered to have engaged in a violation and may be
subject to penalties in accordance with the applicable provisions of Decree No.
99/2013/ND-CP .”.
8. Amendments
to Points c and d, Clause 3, Article 13 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Before initiating infringement
resolution procedures, the competent authority for case resolution shall assess
and evaluate whether a trademark qualifies as well-known in Vietnam based on
Article 75 of the Law on Intellectual Property.
In cases where a trademark is
recognized as well-known in Vietnam through civil proceedings, or if the
recognition of a well-known trademark leads to an infringement resolution
decision under point d, Clause 1, Article 129 of the Law on Intellectual
Property or results in a decision not to protect another trademark under point
i, Clause 2, Article 74 of the Law on Intellectual Property, the competent
authority for case resolution may consult with the industrial property right
authority and/or seek expert opinions to resolve the matter.”.
9. Amendments
to Article 18 as follows:
“Article 18. Acts of importing
goods that infringe industrial property rights
1. Acts of importing goods that
infringe industrial property rights are subject to administrative penalties
under Decree 99/2013/ND-CP , except as specified in Clause 2 of this Article.
2. Importation by organizations or
individuals of products that were originally released into the domestic or
foreign market by the legitimate owner, an authorized licensee (including those
under compulsory licensing), or prior users of the industrial property subject,
even without the consent of the industrial property rights holder (parallel
importation), shall not be considered an infringement of industrial property
rights and shall not be subject to administrative penalties.”.
10. Amendments
to clause 2, Article 19 as follows:
“2. The act of domain name
possession and usage as specified in point a, Clause 16, Article 14 of Decree
99/2013/ND-CP:
a) Entities eligible to request
handling of the domain name possession and usage act as outlined in point a,
Clause 16, Article 14 of Decree 99/2013/ND-CP are organizations or individuals
who have been or are likely to be harmed by this violation. The domain
names specified in point a, Clause 16, Article 14 of Decree 99/2013/ND-CP refer
to domain names under Vietnam's management (excluding domain names allocated
through public auctions under telecommunications law);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- Possession or use of a domain
name containing character strings identical or confusingly similar to a protect
trademark, trade name of another party, or geographical indication which the
user has no right to use, to introduce, offer, or sell identical, similar, or
related products or services on a website linked to that domain name, creating
confusion to exploit the reputation or fame of the trademark, trade name, or
geographical indication for unlawful gain;
- Possession or use of a domain
name containing character strings identical or confusingly similar to a
protected trademark, trade name of another party, or geographical indication
which the user has no right to use, with malicious intent when meeting one of
the following conditions:
(i) There is evidence that the
organization or individual holding or using the domain name intends to sell or
transfer the domain name registration rights to the trademark, trade name
owner, or the organization entitled to manage the geographical indication for
profit. Additionally, there is a basis to believe that, at the time of
registering the domain name, the organization or individual knew or should have
known that the trademark, trade name, or geographical indication was protected
in Vietnam;
(ii) The website linked to the
domain name publishes information that damages the reputation or fame of the
trademark, trade name, or geographical indication protected in Vietnam.
c) Requests for handling acts of
domain name possession and usage specified in point a, Clause 16, Article 14 of
Decree 99/2013/ND-CP must be accompanied by the following information and
documents:
- For acts of domain name
possession or usage that are identical or confusingly similar to another’s
protected trademark, trade name, or geographical indication without the right
to use them, for the purpose of exploiting the reputation or fame of the
corresponding trademark, trade name, or geographical indication for unlawful
gain:
Information and documentation
proving that the trademark, geographical indication, or trade name is protected
in Vietnam and that the trademark or trade name is widely used or recognized by
Vietnamese consumers in the relevant field for its reputation or fame, or
proving that the trademark is considered a well-known mark under Article 75 of
the Intellectual Property Law (e.g., advertising, marketing, and
exhibition information; sales revenue; quantity of products sold; distribution
network, joint ventures, partnerships; investment scale; evaluations by
government agencies, associations, professional organizations, media coverage,
consumer choice; public service, charitable activities, or other information
showing the extensive use of the trademark, geographical indication, or trade name
in Vietnam, or proving the trademark as a well-known mark); and
Information and documentation
proving that the party being petitioned for handling has used the domain name
on the Internet to introduce, offer, or sell identical, similar, or related goods
or services on the website linked to that domain name; causing confusion to
exploit the reputation or fame of the trademark, trade name, or geographical
indication protected in Vietnam for unlawful gain (e.g., information that
suggests to Vietnamese consumers that the entity is an agent, branch, partner,
or representative office in Vietnam);
- For acts of domain name
possession or usage that are identical or confusingly similar to another's
protected trademark, trade name, or geographical indication without authorized
use, and done with malicious intent:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- Information and documentation
proving that the party being petitioned has no legal rights or legitimate
interests in the protected trademark, geographical indication, or trade name in
Vietnam; information proving that the party being petitioned was previously a
member, partner, or agent with the rights holder (if applicable).”.
11. Amendments
to the title of Chapter III as follows:
“Chapter III PROCEDURES FOR
PENALTIES FOR INFRINGEMENTS OF INDUSTRIAL PROPERTY RIGHTS”
12. Amendments
to Article 22 as follows:
“Article 22. Authorization for
requesting the penalties for industrial property rights infringements
Authorization document submitted
with the infringement complaint must comply with the conditions specified in
Article 23 of Decree 99/2013/ND-CP and the following guidelines:
1. If the original authorization
document, which includes authorization for industrial property rights
protection procedures, has already been submitted to the same competent
authority addressing the infringement, the rights holder may submit a copy and reference
the original authorization document previously filed.
2. If the original authorization
document, including authorization for industrial property rights protection
procedures, was submitted to an industrial property right authority or another
competent authority, the rights holder must submit a certified copy from the
agency that retains the original authorization document.”.
13. Amendments
to the title and certain clauses of Article 23 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 23. Infringement
complaint in administrative penalties”
b) Amendments to clauses 2 and 3 as
follows:
“2. For documentation proving the
right to request to address infringement:
a) Copies of certificates,
protection titles, permits, and other documents are considered valid if the
rights holder presents the original for verification, a certified copy from a
competent authority, or a copy authenticated by the issuing agency. For
protection titles issued electronically, the rights holder must submit an
authenticated copy or certified extract as required by law;
b) Documentation proving the
ownership of a trade name includes materials and evidence showing prior and
lawful use of the trade name in the business field and geographical area that meet
the protection requirements under Articles 76, 77, and 78 of the Intellectual
Property Law;
c) Documentation proving the
ownership of trade secrets includes materials proving that the organization or
individual lawfully possesses and has implemented security measures for the
information regarded as a trade secret under Articles 84 and 85 of the
Intellectual Property Law;
d) If a license agreement for the
use of an industrial property subject, collective trademark regulation, or a
geographical indication permit does not contain any provisions limiting the
licensee’s right to request to address infringement, the licensee may initiate
infringement addressing procedures under Decree 99/2013/ND-CP , provided that
the rights holder has not issued any objection to such actions.
3. For supporting documents and
evidence attached to the request:
A written explanation by the rights
holder (regarding revenue, reputation, advertising, evidence of extensive use,
copies of certificates, protection titles in other countries) submitted to the
competent authority for case resolution is considered valid if it includes a
commitment to legal accountability for the content and information, along with
the signature and stamp (if applicable) of the rights holder or their legal representative.
If the explanation consists of multiple pages, the rights holder must
initial each page or affix a contiguous seal across pages (if applicable).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
14. Amendments
to Article 24 as follows:
“Article 24. Review and handling
of infringement complaint in administrative penalties
In cases where the documents and
evidence provided by the applicant are incomplete, the reviewing authority may
request the involved parties to supply additional information, evidence, and
explanations as stipulated in Points b and c, Clause 3, Article 25 of Decree
99/2013/ND-CP .
1. The competent authority for case
resolution may ask the complainant to submit supplementary documents, evidence,
explanations, or clarifications within a specified period. The authority may
also require the intellectual property rights holder to provide information,
documents, and samples to identify infringement markers, determine authentic
versus counterfeit goods, infringing products, legal supply sources, legitimate
distribution channels, and evidence of goods manufactured outside the licensed
scope of intellectual property rights or goods that are not considered genuine
imports as specified in Clause 2, Article 18 of this Circular.
2. The parties may provide the
competent authority with expert opinions in writing from the intellectual
property authority, industrial property assessment conclusions, relevant
dispute resolution decisions, infringement addressing decisions from competent
authorities, and other documents and evidence to substantiate their claims,
arguments, and explanations, thus clarifying the details of the case.
When the written explanations of
the parties fail to clarify all details of the case, and upon request of one or
more parties, the competent authority may arrange a direct meeting with the
parties. The minutes of this meeting, which document the opinions of each
party, are considered a basis for resolving the case.
3. The competent authority for case
resolution may independently conduct inspections, investigations, evidence
collection, and determinations of the intellectual property protection scope
and infringement acts per intellectual property law. If necessary, the
authority may request relevant agencies to carry out investigations, gather
evidence of infringement, seek expert opinions from the intellectual property
authority, or request industrial property assessment to determine the scope of
protection and identify infringing elements.
4. The official authorized to
address infringements may rely on the rights holder's written certification
declaring counterfeit trademark or geographical indication goods, official
opinions from the intellectual property right authority, and assessment
conclusions to determine infringement. However, the official bears legal
responsibility for the infringement determination and their administrative
penalty decision.”.
15. Amendments
to Article 28 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Refusal to accept infringement
complaints applies to those submitted to the competent authority but not
meeting the conditions for acceptance, as specified in Clause 1, Article 28 of
Decree No. 99/2013/ND-CP .
Notification of refusal to address
infringement must follow the provisions on receiving and reviewing infringement
complaints outlined in Article 25 of Decree No. 99/2013/ND-CP .
2. If the same infringement case is
submitted to multiple competent authorities, the first authority to accept the
request has jurisdiction. The rights holder must notify other competent
authorities that the request has been accepted and is under resolution.
a) Before accepting the case, if
the receiving authority is informed that another competent authority or court
has already accepted the case, it will issue a notice of refusal to accept the
request.
b) If the case has been accepted
but no investigation or administrative action has begun, and the authority
learns that another competent authority has initiated such actions or that the
court has taken the case, it will issue a notice refusing to proceed with
handling the violation.
c) After investigation or
inspection, if the enforcement authority discovers that another authority has
also conducted an investigation, it will coordinate with the relevant
authorities to determine which one will proceed with administrative penalty
procedures. If another authority has already imposed administrative
penalties but the infringement is still ongoing, the enforcement authority will
apply sanctions with aggravating circumstances.
3. Discontinuation applies to
complaints already accepted but falling under any conditions specified in
Clause 2, Article 28 of Decree No. 99/2013/ND-CP .
a) The competent authority may
discontinue processing when complaints or disputes arise, as outlined in Point
a, Clause 2, Article 28 of Decree No. 99/2013/ND-CP , in any of the following
cases:
- A written notice from the industrial
property authority states it is processing or reviewing a request to cancel or
terminate protection titles or a complaint about the scope of protection
related to the subject in the infringement complaint;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- There is evidence of disputes
involving the rights holder’s status or contractual disputes over the use of
the industrial property subject.
b) The authority or authorized
individual may consider discontinuing the processing of an infringement
complaint if the complainant submits a written request to withdraw or suspend
the handling of the case, in accordance with Point c, Clause 2, Article 28 of
Decree No. 99/2013/ND-CP .
3. The notice must clearly state
the grounds and reasons for discontinuation and be sent to all parties involved
and the authority responsible for dispute or complaint resolution.”.
Article 2. Replacement and removal
of terms, clauses, and articles specified in Circular No. 11/2015/TT-BKHCN
dated June 26, 2015, of the Minister of Science and Technology on elaboration
of and guidelines for certain provisions of Decree No. 99/2013/ND-CP dated
August 29, 2013, on administrative penalties in the field of industrial
property
1. Replacement
of certain terms as follows:
a) Replace the
term “Acting simultaneously as a representative for disputing parties regarding
industrial property rights” as specified in Point a, Clause 2, Article 7 of
Decree No. 99/2013/ND-CP which is understood as one of the following acts:”
with “Acting simultaneously as a representative for disputing parties regarding
industrial property rights as specified in Point a, Clause 2, Article 7 of Decree
No. 99/2013/ND-CP which is understood as one of the following acts:” in the
opening paragraph of Clause 1, Article 8;
b) Replace the term “expertise
solicitation” with “expertise request” at Point a, Clause 1, Article 9;
c) Replace
“Articles 5 and 8 of the amended Decree No. 105/2006/ND-CP and the following
guidelines:” with “Articles 72 and 74 of Decree No. 65/2023/ND-CP and the
following guidelines:” in the opening paragraph of Article 11;
d) Replace
“Articles 5 and 10 of the amended Decree No. 105/2006/ND-CP and the following
guidelines:” with “Articles 72 and 76 of Decree No. 65/2023/ND-CP and the
following guidelines:” in the opening paragraph of Article 12;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Replace the phrase “Industrial
Design Patent” with “Industrial Design Patent, decision to grant protection for
an internationally registered industrial design, or extract from the national
registry of industrial property” in Clause 4, Article 12;
g) Replace “Articles 5 and 11 of
the amended Decree No. 105/2006/ND-CP and the following guidelines:” with
“Articles 72 and 77 of Decree No. 65/2023/ND-CP and the following guidelines:”
in the opening paragraph of Article 13;
h) Replace “Criteria for assessing
the likelihood of confusion between a sign and a protected trademark include:”
with “Assessment of the likelihood of confusion between a sign and a
protected trademark follows these criteria:” in the opening paragraph of Clause
1, Article 13;
i) Replace “Trademark Registration
Certificate or Certificate of International Registration of a trademark
protected in Vietnam or the WIPO Gazette of International Marks” with
“Trademark Registration Certificate or Confirmation of International
Registration of a trademark protected in Vietnam or an extract from the
national register of industrial property” in Clause 2, Article 13;
k) Replace “Articles 5 and 13 of
the amended Decree No. 105/2006/ND-CP and the following guidelines:” with
“Articles 72 and 79 of Decree No. 65/2023/ND-CP and the following guidelines:”
in the opening paragraph of Article 14;
l) Replace “Articles 5 and 12 of
the amended Decree No. 105/2006/ND-CP and the following guidelines:” with
“Articles 72 and 78 of Decree No. 65/2023/ND-CP and the following guidelines:”
in the opening paragraph of Article 15;
m) Replace “request for handling”
with “petition for handling” at Point a, Clause 1, Article 19;
n) Replace “enterprise” with
“business entity” at Point b, Clause 1, Article 19;
o) Replace “of the Intellectual
Property Law” with “Intellectual Property Law” at Points a and b, Clause 1,
Article 19;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
q) Replace “violation complaint”
with “infringement complaint” in Clause 4, Article 23;
r) Replace “complaint” with
“infringement complaint” in Clause 5, Article 23.
2. Remove
Article 2; Article 5; Clause 2, Article 8; Clauses 3 and 4, Article 14; Point
c, Clause 2, Article 15; Article 17; Clause 1, Article 23; Articles 25, 26, 27,
29, and 30.
Article 3. Responsibility for
implementation
1. Heads of units under the
Ministry, heads of relevant agencies and organizations, and individuals
concerned are responsible for implementing this Circular.
2. Difficulties that arise during
the implementation of this Circular should be reported to the Ministry of
Science and Technology for consideration.
Article 4. Implementation
clauses
1. This Circular comes into force
as of November 15, 2024.
2. If the referenced legal
documents are amended, supplemented, or replaced, the references shall be
implemented according to the new regulations./.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
PP.
MINISTER
DEPUTY MINISTER
Le Xuan Dinh