Handling violations of intellectual property rights
The law sets out many measures for enterprises to choose when a party violates the enterprise’s intellectual property rights such as copying trademarks, geographical indications, industrial designs, etc. However, not all measures make the violating party afraid and stop the violation. Therefore, to choose appropriate handling measures, enterprises need to consider some factors of the violating party such as level of violation, geographical area, main business activity, the competent authority is managing, whether the violating party has international trade transactions, import and export, or operates on e-commerce platforms, etc. Based on the collected content, enterprises choose effective measures.
Procedures for handling violations of intellectual property rights
| Process | Detailled description |
| Step 1 | Identify violations
Based on the information provided by clients, CDLAF determines the type of violation, level of violation, the party infringing, and management agency. |
| Step 2 | Collect evidence proving the violation
By many methods and operations, we collect evidence to provide to competent authorities. Collected evidence will have to meet the conditions prescribed by law for “evidence”. |
| Step 3 | Warning letter to violating party
We represent clients to send a Warning Letter to the violating party and request to immediately stop the violations before we take legal actions on behalf of clients that may affect the normal operations of the violating party. |
| Step 4 | A written request for intervention from a competent agency
Along with the collected evidence, we will send a written request to the management agency to intervene to force the violating party to stop the violation of the client’s intellectual property rights. Depending on the field of activity of the violating party, we choose an agency whose actions will make the violating party afraid such as Customs, market surveillance, National Office of Intellectual Property, Copyright Office, etc. |
| Step 5 | Court Proceedings
The procedural measures that the law allows the Court to apply as a temporary emergency measure, along with the value of the Court’s decisions and judgment will force the violating party to stop the violation and at the same time compensate for damages to the aggrieved party |
LIST OF DOCUMENTS
COMMITMENT TO SERVICES
On time
All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you quickly solve the problems you are having.
Exactly
We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.
Security
We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.
SERVICE PERFORMANCE PROCESS
Assign
CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.
Collect information and prepare the service contents
Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.
Control the quality
The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.
Clients’ approval
Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.
Completion
Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.
After-service support
Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.
REASONS FOR CHOOSING CDLAF’S SERVICES
- We provide you with effective and comprehensive legal solutions, help you save your money, maintain compliance in the enterprise, and simplify all legal issues when doing business in Vietnam;
- As a law firm established in Vietnam, we have close relationships and knowledge of working methods, and policies of competent authorities, which facilitates you when operating in Vietnam;
- CDLAF Lawyers have held many important positions in law firms, banks, financial enterprises, foreign enterprises. Therefore, our lawyers provide students with the legal regulations as well as the actual solutions and opinions of competent authorities, see more about human resources.
- The system of forms about enterprise, labor, tax, etc. available and constantly updated will be provided as soon as customers request.
People
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