PROCEDURE TO HANDLE IPRS INFRINGEMENT IN VIETNAM

Since 1995, the IP system of Vietnam has been continually improved. The conformance of IP law with TRIPS's requirements and the raising people' awareness on the IPRs proves that Vietnam has strengthened its IPRs system. This achievement was gained by the commitment of the government, tighter coordination of responsible agencies, and contribution of knowledgeable staffs. Reaching to this state, the government has launched a strategic action plan since 2005, which targeted number of objectives, including: improvement of the IP law and its enforcement; raising awareness of IPRs in enterprises and in the communities; leveraging capacity of human resource.

Pursuing the strategic action plan, the Prime Minister issued a Decision (6812005/QD-TTg) to launch a program with its aim was to leveraging the awareness of business enterprises on the IPRs. A board management of this program was formed with the leading of Vice Minister of MOST, and other members, who are Vice Ministers of MOET, MOF, MARD, MOCI, MOH, MOJ, and MOCST. This committee was formed with key important authorities to ensure the integration of the program. This program has been well known as program CT168, whose objectives were: leveraging the awareness of business enterprises in the field of intellectual property rights; increasing the competitive capacity of Vietnamese enterprises.

Action 1: Sending a cease & desist letter to the infringer requesting the infringer to voluntarily remove/dismantle the fringing signs out of the business means.

Action 2: Filing an application for requesting the Vietnam Intellectual Property Research Institute (VIPRI) to assess the infringement. This step is necessary (before conducting action 3 below) in case the infringer uses a trademark which is similar to client's registered trademark.

Action 3: Requesting the Vietnamese law enforcement authorities to handle the IPRs infringement and take raid actions into the infringer (if the infringer fail to comply with the demands sought). The infringer shall be imposed an administrative sanction, the infringing signs shall be seized and removed/destroyed.