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Handling corporate names that infringe industrial property rights
(Ngày đăng: 2016-04-25)

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.

Accordingly, the forcible change of the company’s name or forcible removal of infringing elements from the company’s name shall apply to cases where the violating company fails to terminate its act of using infringing name on products, means of business, means of services, signboards or transaction documents, or fails to change such infringing name according to the notice given by the competent business registration office or agreements made between concerned parties.

Upon the decision on the imposition of administrative penalties applies the forcible change of the company’s name or forcible removal of infringing elements from the company’s name, the violating company shall perform one or some of measures as follows: Apply for change of the company’s name; send the written notice of change of the company’s business lines to the business registration office; Other measures as regulated by the law.

The revocation of the enterprise registration certificate shall apply to the cases where the violating company fails to comply with the forcible change of the company’s name or the forcible removal of infringing elements from the company’s name as prescribed in the decision on the composition of administrative penalties given by the competent officials, and fails to provide explanation as regulated to the business registration office within 06 months as of the end of the deadline for sending such explanation or at the written request.

This Joint Circular is effective from 20 May 2016.
 
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