What is industrial design infringement?
According to regulation, the following acts shall be regarded as infringements of the rights of owners of industrial designs:
- Using protected industrial designs or industrial designs insignificantly different from protected industrial designs, within valid terms of protection titles without permission of owners;
- Using industrial designs without paying compensations according to the provisions on provisional rights.
What is the use of industrial design?
Use of an industrial design means the performance of the following acts:
- Manufacturing products with appearance embodying the protected industrial design;
- Circulating, advertising, offering and stocking for circulation products with appearance embodying the protected industrial design;
- Importing with appearance embodying the protected industrial design products.
How to handle industrial design infringements?
Handling with administrative remedies
According to regulations, the highest fine for individuals who infringe on the right to industrial designs is VND 250,000,000. The maximum fine for organizations that infringes the right to an industrial design is VND 500,000,000, as follow:
Handling with civil remedies
According to regulation, Courts shall apply the following civil measures to handle organizations and individuals that commit acts of industrial design infringement:
- 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 industrial design-infringing goods, provided that such destruction, distribution or use does not affect the exploitation of rights by industrial design right holders.
Civil remedies are applied to handle acts of infringement at the request of industrial design owners, organizations or individuals that suffer from the damage caused by those acts, even when those acts have been or are being handled by administrative or criminal remedies. The procedures for request for application of civil remedies and the competence, order and procedures for application of civil remedies shall comply with the provisions of law on civil procedures.
Handling with criminal remedies
Currently, there are no provisions on criminal remedies to deal with infringements of industrial designs.
How much does it cost to handle industrial design infringements?
Please contact us immediately to enjoy the best schedule of fees.
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