ADMINISTRATIVE AND CIVIL MEASURES
Documents and necessary information:
- Application form/request for handling the infringements against the infringer:
- Information of the person requesting the handling of infringements
- Receiving competent authorities
- Name – address of the infringement
- Original Power of Attorney (signed by the right holder and must be legalized if it is a foreign legal entity);
- Certificate of Trademark Protection (Original, Copy,…);
- Information and evidence about the infringement, the infringing object (buying product samples, infringing images,…)
- Comparison table to distinguish counterfeit goods – genuine goods (if any): Product image, packaging, product design,…
- Conclusion of the assessment of the Vietnam Intellectual Property Research Institute (VIPRI):(Clause 1, Article 114, Decree 65/2023/ND-CP):
- Determining the scope of protection of subjects of industrial property rights and rights to plant varieties;
- Determining if the assessment subject satisfies the requirements to be considered elements of infringement on industrial property rights or rights to plant varieties;
- Determining if there is any identicalness or similarity that causes confusion or indistinguishability or copy between the assessment subject and the subject under protection;
- Evaluating industrial property rights and rights to plant varieties following the pricing methods prescribed in prices laws; evaluating damage;
- The conclusion of IP assessment of an assessment organization or an assessor is one of the sources of information and reference documents for enforcement agencies to conclude whether or not there is an infringement of IP rights.
- Professional opinion of the National Office of Intellectual Property, Center for assessment of copyright and related rights
- Written certification of the right holder or evidence provided by the right holder;
- A warning letter has been sent to the infringer to warn about IPR infringement;
- Other documents: such as Bailiff, specimens…
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