Business name infringes upon the industrial property rights

Ministry of Science and Technology and the Ministry of Planning and Investment of Vietnam has issued Joint Circular No.05/2016/TTLT-BKHCN-BKHĐT dated 5 April 2016 providing guidelines for handling business name infringing upon industrial property rights.

Business name infringes upon the industrial property rights

I. Competent Agency handles violations on business name infringed industrial property rights.
1. Competent agencies to handle violations, the competent persons to impose the administrative sanction or decision on conclusion of the business name infringing upon the industrial property rights is the competent agency or person mentioned in Chapter III of Decree 99/2013/ND-CP.
2. The competent authorities carry out the business name changes, withdrawing the certificate of registration of business is Business Registration Office where the infringing business has its headquarter.

II. Background for determination of business name infringement of industrial property rights.

Background for determination of business name infringement of industrial property rights shall comply with the provisions of the law on intellectual property, decided by the competent authorities to handle violations or persons competent to sanction violations in the field of industrial property.

III. Written conclusions of business name infringes upon the industrial property rights.

The written conclusions of the competent authorities on the use of business name infringement of industrial property rights stipulated  in point a paragraph 4 of Article 19 of Decree 78/2015/ND-CP include:
1. The written audit and inspection conclusion by the competent authorities for handling of infringement of industrial property rights mentioned in paragraph 1 of Clause I above.
2. A decision on sanctioning of administrative violations by competent persons to impose sanctions, including the application of remedial measures required to change the business name, remove infringing elements of the business name.

IV. Measures required to change the business name, remove infringing elements of a business name

1. Measures required to change the business name, to remove infringing elements in the business name only applies when the business does not cease violating actions using business names infringing on goods and business means, vehicles, signboards, papers or fails to conduct the registration procedure for change of the business name infringement in accordance with notice given by the Business Registration Office or by agreement of the parties.
2. When a decision on administrative sanction may apply remedial measures required to change the business name or to force removal of infringing elements of the business name, the enterprise  will implement one or the following measures:
a) Registration of change of business name;
b) Written notice of the change of business lines is given to the Business Registration Office;
c) Other measures prescribed by law.

V. Measures to revoke the certificate of business registration

Measures revoking business registration certificate is applicable to violated enterprises that do not implement remedial measures required to change the business name or to force removal of infringing elements of a business name under Decision the administrative sanction of competent agency and businesses do not send report violation explanations under the provisions of Article 209 Paragraph 1 point c enterprise Law to the business registration office within 06 months from the deadline for sending a report or written request.

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