HAVIP INTELLECTUAL PROPERTY CO. LTD

Trademark registration certificate is valid for 10 years from the filing date, renewable for unlimited times.

Intellectual property rights are ownership rights to intellectual property including (1) industrial property rights, (2) copyright and copyright-related rights and (3) rights to plant varieties.

Industrial property rights are the rights of organizations and individuals to inventions, industrial designs, semiconductor integrated circuit layout designs, trademarks, geographical indications, trade names and business secrets that they have created or owned and rights of protection against unfair competition.

Copyright is the ownership of organizations and individuals for works created or owned by them. Copyright-related rights are rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, broadcasts and encrypted program-carrying satellite signals.

Rights to plant varieties are the rights of organizations and individuals to new plant varieties that they choose to create or discover, develop or enjoy ownership rights.

Although it is not mandatory, you should conduct a search for protection possibility of a trademark before applying for protection. The reason is very simple that is when you file a trademark application with the Competent Authority (In Vietnam, it is the National Office of Intellectual Property, and in other countries, it is a similar agency), it takes about a 12-18 months for the Competent Authority to examine, and then based on examination result, they will determine whether to grant or deny protection (for many reasons. For example, it may be because your brand is incapable of distinguishing, identical or similar to a prior trademark…). If rejected, you will not only lose registration fee but also spend time in vain.Although it is not mandatory, you should conduct a search for protection possibility of a trademark before applying for protection. The reason is very simple that is when you file a trademark application with the Competent Authority (In Vietnam, it is the National Office of Intellectual Property, and in other countries, it is a similar agency), it takes about a 12-18 months for the Competent Authority to examine, and then based on examination result, they will determine whether to grant or deny protection (for many reasons. For example, it may be because your brand is incapable of distinguishing, identical or similar to a prior trademark…). If rejected, you will not only lose registration fee but also spend time in vain.
What are goods infringing intellectual property rights?Goods infringing intellectual property rights are goods bearing infringing elements created from acts of infringement of intellectual property rights, including: (1) goods infringing copyright and copyright-related rights (2) goods infringing industrial property rights over inventions, utility solutions, industrial designs, trademarks, geographical indications, trade names and designs, semiconductor integrated circuit layout designs and (3) goods infringing rights of plant varieties.Infringement acts of intellectual property rights include producing (manufacturing, machining, assembling, processing, packaging, printing, copying), importing, trading, transporting, advertising, offering, storing and leasing goods bearing intellectual property infringement elements.

Goods infringing intellectual property rights are goods bearing infringing elements created from acts of infringement of intellectual property rights, including: (1) goods infringing copyright and copyright-related rights (2) goods infringing industrial property rights over inventions, utility solutions, industrial designs, trademarks, geographical indications, trade names and designs, semiconductor integrated circuit layout designs and (3) goods infringing rights of plant varieties.

Infringement acts of intellectual property rights include producing (manufacturing, machining, assembling, processing, packaging, printing, copying), importing, trading, transporting, advertising, offering, storing and leasing goods bearing intellectual property infringement elements.

According to current regulations, in accordance with the State management function and trial function, the following agencies have the function of protecting industrial property rights through inspection, examination, control and adjudication. Authority to apply administrative measures of violation handling agencies is specified as follows:

1. Inspectorate of Science and Technology at all levels have the authority to protect industrial property rights by administrative measures through sanctioning of administrative violations and acts of intellectual property infringement occurs in operation of production, business, exploitation, advertising, circulation activities, except for acts occurring in export and import of goods.

2. The Market Management Authority at all levels has the authority to handle industrial property infringement that occurs in circulation of goods and commercial business in the market.

3. Customs authorities at all levels have the authority to handle violations of industrial property that occur in the import of goods.

4. Police agencies at all levels have the authority to detect, verify and collect information and evidence of infringement acts of industrial property and provide to competent agencies to handle violations and sanction violations of industrial property.

5. Provincial People’s Committees and district People’s Committees have the competence to handle violations of industrial property that occur in localities where the fine levels, sanctioning forms and handling measures are applied to such behavior beyond the authority of other competent authorities.