Lawyer Nguyen Thanh Ha, in the intellectual property program of VTVcab-InfoTV, discussed on violation of industrial property.
We are pleased to introduce the content of the interview:
Interviewer: The organization or individuals are damaged by the violation of industrial property. Can they request for the penalty from the competent authority?
Lawyer Nguyen Thanh Ha: The industrial property rights are identified and legally protected. Then the owner is entitled to use and determine them as the normal property ownership. The violation will be punished under the law.
Thus, the owner can request the court, the police, the market management agency, the scientific inspector to impose the penalty.
Interviewer: Could you please tell us the main content of the letter to the competent authority on this issue?
Lawyer Nguyen Thanh Ha: The main content of the letter of request include:
- Information of the owner;
- The competent authority
- Information of the breaching party
- The proof and documents for breach
- The proof and documents of ownership
Interviewer: What’s about the materials attached to the letter?
Lawyer Nguyen Thanh Ha: The materials attached are:
- The letter of request;
- The exclusive certificate or Certificate of industrial property or Agreement on industrial property transfer registered at the National Office of Intellectual Property;
- The conclusion of the competent authority on the violation;
- Information of the suspects;
- Documents, samples, material, images… of the violation.