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 |
