What is infringement of intellectual property rights? Measures to protect intellectual property rights?
1. What is infringement of intellectual property rights?
Infringement of intellectual property rights in the current period is carried out by many sophisticated and complex methods and tricks, making the protection of intellectual property very difficult.
According to the Intellectual Property Law, the object of intellectual property includes 3 main groups (i) Industrial property (ii) copyright (iii) rights related to plant and animal breeds. Therefore, any infringement against the three above-mentioned objects is considered an infringement of intellectual property rights protected by law. Specifically, infringements of intellectual property rights include:
– Copyright infringement
– Related rights infringement
– Acts of infringing upon the rights to inventions, industrial designs or layout designs
– An infringement on business secrets
– Acts of infringement on trademarks, trade names and geographical indications
See also: What is TM? Distinguishing the letters R (®), C (©), TM (™) written on the product and service label?
Regarding acts of infringement of intellectual property rights specified in Articles 28, 35, Article 126, Article 127, Article 129 and 188 of the Vietnam Intellectual Property Law, provisions on grounds for determining an act If the violation is considered an infringement of intellectual property rights specified in the above articles, which is recorded in Article 5 of Decree 105/2006 / ND-CP, specifically as follows:
“The considered act is considered an infringement of intellectual property rights specified in Articles 28, 35, 126, 127, 129 and 188 of the Intellectual Property Law, when the following grounds are fully satisfied:
Subjects considered are subject to the protection of intellectual property rights.
There is an infringing element in the subject being considered.
The person performing the act to be considered is not an intellectual property right holder and is not a person authorized by law or a competent authority as prescribed in Articles 25, 26, 32, 33 and 2. and Clause 3 of Article 125, Article 133, Article 134, Clause 2 of Article 137, Articles 145, 190 and 195 of the Intellectual Property Law.
The considered behavior took place in Vietnam ”.
Thus, when determining whether an act is an infringement of intellectual property rights or not, it is necessary to fully base on the above four factors. Detail:
Firstly, the subject considered belongs to the scope of objects being protected of intellectual property rights.