How to resolve industrial property rights infringement

Article overview

Industrial property rights infringement is a situation that many businesses and individuals may encounter, causing concerns about intellectual property rights and property. In this article, we will guide you on how to handle it effectively to protect your rights. Let’s learn about specific steps and solutions that you can apply today!

Owner's rights
Owner’s rights

Actions considered to infringe upon industrial property rights

Pursuant to Clause 2, Article 3, Clause 126, Clause 1, Article 127 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), acts considered to infringe industrial property rights are:

1. The following acts are considered to infringe the rights of owners of inventions, industrial designs, and layout designs:

  • Use a protected invention, a protected industrial design or an industrial design that is not materially different from the design, the protected layout design or any original part of the layout design such position within the validity period of the protection title without the permission of the owner;
  • Using inventions, industrial designs, layout designs without paying compensation according to the provisions on temporary rights specified in Article 131 of this Law.

2. The following acts are considered infringements of rights to business secrets:

  • Accessing and collecting information belonging to business secrets by opposing the security measures of the person legally controlling that business secret;
  • Disclosing or using information belonging to a business secret without the permission of the owner of that business secret;
  • Violating a confidentiality contract or deceiving, inducing, bribing, coercing, seducing, or taking advantage of the trust of the person with the confidentiality obligation to access, collect or disclose business secrets;
  • Accessing and collecting information belonging to the applicant’s business secrets according to procedures for applying for a business license or product circulation by opposing security measures of competent authorities;
  • Using or disclosing a business secret despite knowing or having an obligation to know that the business secret was obtained by another person in connection with one of the acts specified in Points a, b, c and d of Clause This;
  • Failure to fulfill the confidentiality obligation specified in Article 128 of this Law.

The act is considered an industrial property rights infringement

Owner’s rights to industrial property rights

Pursuant to Article 123 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the owner of an industrial property object has the following property rights:

  • Use or allow others to use industrial property objects
  • Prevent others from using industrial property objects
  • Determination of industrial property objects
Owner's rights
Owner’s rights

Solution when industrial property rights are infringed

When industrial property rights are infringed, the first thing the owner must do is calm down and conduct discussions and negotiations to request the infringing party to stop the infringement. If the infringing party has previously used an object of industrial property rights to cause misunderstanding or damage, the owner has the right to request an apology, public correction, and compensation for damages.

If the act has not ended, the owner has the right to request a competent state agency to handle the act of infringing upon industrial property rights in accordance with the provisions of the Intellectual Property Law and other relevant laws. relate to.

In more serious cases, the owner needs to sue in court or arbitration to protect his or her rights

 What should I do if industrial property rights are violated?
What should I do if industrial property rights are violated?

Consulting services on how to handle industrial property rights infringement

At Long Phan, we are committed to accompanying you in every step of handling when industrial property rights are infringed. Our team of experts is ready to provide optimal legal solutions, helping you protect your rights effectively and quickly.

We provide comprehensive consulting services, including:

  • Detailed advice on rights and legal measures that can be applied when industrial property rights are infringed;
  • Consulting on effective solutions when industrial property rights are infringed
  • Assist you in implementing necessary measures and procedures easily;
  • Service costs are transparent, clear and do not incur additional costs;
  • Provide updated information on the process and status of the case;
  • Represent you in working with relevant parties and authorities.

Industrial property rights infringements can have a major impact on an enterprise’s business operations. Businesses should consider using our consulting services to get the best solution when being violated. Contact us via Hotline 0906.735.386 for dedicated support and free consultation. Long Phan is always here to help you protect your rights in the best way!