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Patent infringement is a common problem in the field of intellectual property, which can seriously affect the rights and interests of patent owners. Detecting and handling violations not only helps protect the legal rights of organizations and individuals but also ensures fairness in the market. This article will analyze the conditions for patent protection, patent infringement actions, as well as regulatory remedies.
According to the provisions of Article 58 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), an invention can be protected if it meets the following basic conditions:
In addition, solutions that do not fall under the exclusions under Article 59 of the Law on Intellectual Property 2005, such as medical treatments, plant varieties, or scientific theories, will not be granted protection.
Patent infringement is the act of using an invention without the owner’s consent. These behaviors include:
CSPL: Article 126 of the Law on Intellectual Property 2005 (amended and supplemented in 2022); Article 74 of Decree 65/2023/ND-CP.
Vietnamese law stipulates three forms of handling patent infringement, including administrative, civil and criminal handling. Each form has different levels of processing and scope of application.
Patent violations can be subject to administrative sanctions according to the provisions of Article 10 of Decree 99/2013/ND-CP (amended and supplemented by Decree 46/2024/ND-CP). The fine depends on the value of the violating goods, and can range from 500,000 VND to 250 million VND. Some sanctioned violations include:
According to Article 202 of the Law on Intellectual Property 2005, civil remedies for patent infringement include:
According to Article 226 of the Criminal Code 2015, amended and supplemented in 2017, individuals or organizations that violate patent rights may be prosecuted for criminal liability. Processing levels include:
With a team of consultants with many years of experience, Long Phan will support customers in resolving issues related to intellectual property rights protection and resolving patent infringement issues as follows:
Patent infringement is a complex issue, requiring timely and accurate handling measures to protect the owner’s legal rights. If customers discover that their rights have been violated, please contact Long Phan immediately for detailed advice and effective support. For further details, please contact the hotline 0906735386 for quick answers.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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