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Filing requirements

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Documents for implementation of Intellectual Property Rights in Vietnam

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):
    • Legal status, ability to protect the subject matter of IP rights, scope of IP rights to be protected;
    • Identify the evidence to calculate the extent of damage;
    • Determining the infringing elements, infringing products/services, the factors serving as the basis for determining the value of the protected IPR object, the infringing object;
    • Determining the ability to prove the status of a right holder, to prove infringement, infringing goods or to the contrary of documents and evidence used in the dispute or infringement.
    • 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...