Chapter III
PROTECTION OF INDUSTRIAL PROPERTY RIGHTS TO BUSINESS SECRETS, GEOGRAPHICAL INDICATIONS AND COMMERCIAL NAMES
Article 18.- Acts of infringing upon the industrial property rights to business secrets
Acts of infringing upon the industrial property rights to business secrets include:
1. Accessing or gathering information on business secrets by taking acts against secret-keeping measures of lawful owners of such business secrets;
2. Disclosing or using information on business secrets without permission of owners of such business secrets;
3. Breaching secret-keeping contracts or deceiving or abusing the trust of persons in charge of secret-keeping, abusing the trust of owners of business secrets to access, gather and disclose information on such business secrets;
4. Getting access to and/or gathering information on business secrets of others, when the latter file, according to the procedures, applications for business-related permits or permit for circulation of products - especially pharmaceuticals and agro-chemical products, or taking acts against secret-keeping measures of administrative agencies, or using such information for business purposes, including purpose of applying for business-related permit or product circulation permit.
Article 19.- Acts of infringing upon the industrial property rights to geographical indications
Acts of infringing upon the industrial property rights to geographical indications include:
1. Using any commercial instruction, which is identical or similar to a geographical indication currently under protection, thus causing misconception about the geographical origin of goods;
2. Using any commercial instruction, which is identical or similar to a geographical indication currently under protection, for identical, similar or relevant goods, thus damaging the prestige or reputation of the goods bearing such geographical indication, including cases where it is used together with such words as "method", "model", "type", "imitated to", or the like;
3. Using geographical indications about wines or spirits for those not of origin from the indicated territories, including cases where the instructions on goods’ real origin are provided or the geographical indications are used in form of translations into other languages or used together with such words as "model", "type", "formula", "imitated to" or the like.
Article 20.- Acts of infringing upon the industrial property rights to commercial names
Acts of infringing upon the industrial property rights to commercial names are all acts of using any commercial instructions identical or similar to commercial names of others for the same type of product or service or similar product or service, thus causing confusion about business subjects, business establishments or business activities under such commercial names.
Article 21.- Right to request the handling of infringements upon industrial property rights to business secrets, geographical indications and commercial names
1. Owners of industrial property rights to business secrets, commercial names and persons entitled to use geographical indications shall be entitled to request the competent State bodies to force persons who commit acts of infringing upon their rights to stop such infringing acts and pay damages.
2. In cases where acts of infringing upon industrial property rights to commercial names or providing misleading information about commercial names or misleading indications to geographical origin of goods, thus rendering consumers confused, are committed or taken, such consumers may request the competent State bodies to force the persons who commit the above-said acts to stop them and pay damages to the consumers.
3. The statute of limitations for exercising the right to request the handling of an infringing act prescribed in Clauses 1 and 2 of this Article shall be one year calculated from the date the infringing act is detected, but must not exceed three years from the date such infringing act is committed.
Article 22.- Obligation to prove and evidence
1. When exercising the right to request the handling of infringing acts prescribed in Clause 1, Article 21 of this Decree, the owners of industrial property rights to business secrets, commercial names and persons entitled to use geographical indications shall be obliged to prove the conditions for establishing their rights and the scope thereof; clearly state the names and addresses of persons who have committed infringing acts; and supply evidences of scope and seriousness of such infringements.
In case of damages claims, the owners of industrial property rights to business secrets, commercial names and the persons entitled to use geographical indications shall have to evidence the degree of damage caused by infringers.
2. If the persons who request the handling of infringing acts are consumers, such persons shall have to clearly state the names and addresses of the infringers and supply evidences of the infringement and prove the extent of damage (if any).
Article 23.- The order and procedures for handling acts of infringing upon industrial property rights to business secrets, geographical indications and commercial names
The handling of acts of infringing upon industrial property rights to business secrets, geographical indications and commercial names shall comply with the order and procedures for handling acts of infringing upon other industrial property rights.
Tìm kiếm
Nghị định 54/2000/NĐ-CP bảo hộ quyền sở hữu công nghiệp đối với bí mật kinh doanh, chỉ dẫn địa lý, tên thương mại và bảo hộ quyền chống cạnh tranh (Bản Word)