Legal updates on IPR Border Protection in Vietnam(04/10/2017)
According to TRIPs, WTO members are required to enact in their national legislations premature prevention mechanism against counterfeit trademarked, pirated copyright goods and/or purportedly infringing goods over intellectual property rights imported into the territory of such member. This provisional remedy is widely known as intellectual property right border control. More particularly, suspension of clearance and/or detection of counterfeit and pirated goods responsible by Customs Authorities under section 51 TRIPs is set out as below:
Members shall, in conformity with the provisions set out below, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
Handling corporate names that infringe industrial property rights(04/25/2016)
On 05 April 2016, The Ministry of Science and Technology – The Ministry of Planning and Investment promulgated Joint Circular No. 05/2016/TTLT-BKHCN-BKHDT on detailed regulations and guidelines on handling the case of where corporate names that infringe industrial property rights. Detail