Methods of Protecting Intellectual Property Rights

Protecting Intellectual Property (IP) rights plays a crucial role in preventing the unauthorized copying and use of intellectual assets. For businesses, intellectual property not only maintains creative value and enhances competitiveness but also helps safeguard brands against infringement, which can be detrimental to their operations. Currently, the situation where malicious actors intentionally misuse intellectual property for commercial exploitation is becoming increasingly common. Therefore, individuals and businesses need to be more vigilant and understand the methods of protecting intellectual property rights to safeguard their assets and legitimate interests. Let Inter Justice Law Firm explore the detailed methods of protecting intellectual property rights. 

Methods of Protecting Intellectual Property Rights

According to Article 199 of the Intellectual Property Law of 2005, organizations or individuals committing acts of intellectual property infringement against others may be handled through civil, administrative, or criminal measures, depending on the nature and severity of the infringing act. In necessary cases, competent state authorities may apply urgent provisional measures, control the import and export of goods related to intellectual property, as well as implement measures to prevent and ensure administrative sanctions in accordance with this Law and other relevant legal regulations. 

Self-Protection Methods

IP rights holders can employ several tactics for self-protection of their intellectual assets:

• Technological Measures: Utilizing technology to deter IP infringement. Clause 1, Article 198 permits displaying protection details, owner information, duration, and scope on products or copies to inform users of the protection and advise against infringement. Owners may also use technical means to mark, identify, and secure their products.
• Demanding Cessation: Owners can demand that infringing parties cease the activity, issue a public apology, and provide compensation for damages. This demand should be written and include relevant legal details like proof of protection rights and a deadline for the infringer to stop (Clause 2, Article 198).
• Requesting Administrative Action: Owners can ask competent authorities to address infringement under Article 199 of the IP Law. This involves submitting a request with supporting documents and evidence of ownership and the infringing act, as per Article 200.
• Initiating Legal Proceedings: If legitimate rights and interests are infringed, owners can sue to seek protection for their intellectual assets, as outlined in Article 202 of the IP Law.

Furthermore, entities and individuals harmed by IP infringement or aware of acts damaging consumers or society can also request intervention and action from competent authorities. In cases of unfair competition, civil and administrative measures under Article 202 can be used to protect legal rights.

Administrative Processes

Administrative handling of IP infringement is governed by Article 211 of the Intellectual Property Law 2005 (amended in 2009). Infringing acts include:

• IP infringement causing harm to creators, owners, consumers, or society;
• Production, import, transport, or trade of IP-counterfeit goods, or assigning these acts to others;
• Production, import, transport, trade, or storage of counterfeit trademarks or geographical indication stamps, labels, or items, or assigning these acts to others.

The government specifies these infringing acts, penalties, and sanctioning procedures.

Entities or individuals involved in unfair competition related to IP will be penalized under competition law.

When an entity or individual infringes IP rights, they must stop the infringing act and may face the following main sanctions:

• Warning;
• Monetary fine.

Depending on the severity, additional sanctions may include:

• Confiscation of IP-counterfeit goods, raw materials, or main means of production and trade of such goods;
• Temporary suspension of business operations in the relevant field.

Civil Processes

Civil measures address IP infringement at the request of rights holders or those harmed by the infringement, even if administrative or criminal processes are also underway.

Under Article 202 of the IP Law, Courts can apply civil remedies to infringing entities or individuals, such as:

• Ordering cessation of the infringing act;
• Ordering an apology and public correction;
• Ordering fulfillment of civil obligations;
• Ordering compensation for damages;
• Ordering destruction, distribution, or non-commercial use of infringing goods, raw materials, and main means of production, provided it doesn’t harm the rights holder’s exploitation ability.

Thus, to protect copyright, Courts apply civil sanctions to compensate rights holders.

Criminal Processes

Individuals committing IP infringement that constitutes a crime face criminal prosecution under Article 212 of the Intellectual Property Law 2005. Relevant offenses include:

• Infringement of Copyright and Related Rights: Unauthorized acts like copying, distributing, or commercially exploiting protected works or recordings, causing illegal profit or harm (Article 225, Criminal Code 2015).
• Infringement of Industrial Property Rights: Intentional infringement of protected trademarks or geographical indications related to counterfeit goods, on a commercial scale, causing illegal profit or harm (Article 226, Criminal Code 2015).

Criminal measures apply to serious IP infringements considered socially dangerous and defined in the Criminal Code. Prosecution requires a request from the rights holder.

Steps to Take When Detecting Intellectual Property Infringement

If you are an IP rights holder and detect an infringement, you can take the following steps:

Step 1: Intellectual Property Infringement Assessment

This is a crucial step to identify the infringing act of a third party. The assessment is conducted by the Vietnam Intellectual Property Research Institute and requires a dossier including a request for assessment, a power of attorney (if any), a copy of the protection certificate, documents proving the infringing act, and proof of assessment fee payment.

Step 2: Intellectual Property Infringement Assessment (Reiteration for Clarity)

After obtaining an assessment conclusion confirming the act of intellectual property infringement, the rights holder can send a warning letter to the infringer, requesting them to cease the infringing act. Although sending a letter is not mandatory, it is very important because:

• Public awareness of intellectual property rights protection in Vietnam is still limited, and many people do not realize their actions constitute infringement.
• The infringer may voluntarily cease the infringing act after receiving the letter, helping the rights holder avoid further legal action.

Step 3: Handling Infringing Acts Using Intellectual Property Rights Protection Methods

If the infringer does not cease the infringing act after receiving the warning letter, the rights holder can file a request with competent authorities such as market management, courts, or economic police to handle the infringement. The rights holder has the right to request the authorities to compel the infringer to remedy the consequences and compensate for damages.