Patent infringement: How to detect and handle infringement

Article overview

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.

 Regulations on handling patent infringement
Regulations on handling patent infringement

Conditions for patent protection

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:

  • Novelty: The invention is not publicly announced, used or known before a request for a Certificate of Ownership is made.
  • Industrial applicability: The invention must be capable of practical application in production, business or use in a specific industry.
  • Creativity: For a Patent, there must be innovation compared to previous inventions.

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.

The acts were determined to be patent infringement

Patent infringement is the act of using an invention without the owner’s consent. These behaviors include:

  • Unauthorized use of the invention: Involves making, selling, or applying the invention during the protection period without the owner’s consent.
  • Patent Copying: Copying or producing a product similar to a patented invention without paying royalties or without permission.
  • Infringement of temporary rights: According to Article 74 of Decree 65/2023/ND-CP, using an invention during the temporary validity period of the protection certificate without paying compensation is a violation.

CSPL: Article 126 of the Law on Intellectual Property 2005 (amended and supplemented in 2022); Article 74 of Decree 65/2023/ND-CP.

 Identify patent infringement
Identify patent infringement

Regulations on penalties for patent infringement

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.

Administrative handling

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:

  • Sell ​​or transport products that infringe patent rights.
  • Producing or importing products that infringe upon patent rights.
  • Using patented products without the owner’s consent.

Civil handling

According to Article 202 of the Law on Intellectual Property 2005, civil remedies for patent infringement include:

  • Terminate infringement: Force the infringing party to stop infringing upon patent rights.
  • Public apology: Force the violating party to publicly apologize or correct false information.
  • Forced performance of civil obligations as agreed by the parties involved.
  • Compensation for damages: The patent owner has the right to claim compensation for damages caused by infringement, including damage to property and reputation.
  • Destruction of infringing products: Forced destruction of infringing products or those not permitted for commercial use.

Criminal handling

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:

  • Fine or imprisonment: Individuals can be fined from 20 million VND to 200 million VND, or imprisoned from 6 months to 3 years depending on the severity of the violation.
  • For legal entities: Violating organizations and businesses may be fined from 500 million VND to 5 billion VND and banned from operating in related fields.

Consulting on protection measures and handling of infringement of patents

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:

  • Consulting on regulations related to intellectual property rights protection.
  • Support in implementing patent protection procedures.
  • Consulting on identifying infringements of patents.
  • Consulting on measures to protect intellectual property rights.
  • Support negotiations, negotiations, and implementation of measures to handle patent violations.
  • Representative working with competent authorities.
Patent infringement consulting attorney
Patent infringement consulting attorney

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.