Arduous on the way to Justice

In order to have a ground for handling the IPR infringement, Hunter Douglas filed 2 requests to Vietnam Intellectual Property Research Institute (VIPRI) – the Vietnamese state authority competent in examining, assessing and giving conclusions about trademark related issues in Vietnam.


The IPR infringing products bearing the sign “LUXALINE”

The IPR infringing act is clear!

After filing requests for IPR assessment conclusion, Vietnam Intellectual Property Research Institute (VIPRI) gave conclusions that the sign “LUXALINE” which is being used on the market for the metal frame for hanging the ceiling in the construction is confusingly similar to the protected trademark “LUXALON” of Hunter Douglas Company.

At the request of Hunter Douglas Vietnam, the IPR holder of the mark “LUXALON”, on 04 April 2013, the authorized IP agent prepared all required documents, sending out to Market Management Bureau in Binh Phuoc Province, Vietnam, requesting this enforcement authority to handle the IPR infringement, i.e. the metal frames bearing the sign “LUXALINE”. The storing location is a construction site in Phu Nghia Commune, Bu Gia Map, Binh Phuoc Province.

In the dossier for handling the IPR infringement, the authorized IP agent sent the documents covering 2 Assessment Conclusions which concludes that the sign “LUXALINE” used for the products “metal construction materials” is confusingly similar to the protected trademark “LUXALON” for the goods in class 06.

According to common sense, infringement of intellectual property rights outright and state agencies have been concluded, it can immediately handle. Despite that fact, Hunter Douglas has been difficult to meet all the other constraints, that objective is also more subjective. The journey in search of his protection have much hardship. Arduous justice

After receiving a request for violation handling, on 04/10/2013, Binh Phuoc Province Market Management Department has set up teams to check goods at Bu Gia Map district works. At the time of inspection, no human eye providing infringing goods, but only a few construction workers. Department of the inspection team spent QLTT Binh Phuoc province with representatives of the authorized IP agent discovered large quantities of product frame, packed in carton steel skeleton affixed to Luxaline is in the construction. However, the inspection team did not carry out sealing measures due to see exhibits such as violations of administrative facilities required for stakeholders to work. Notably, though the product was found trademark infringement but while inspecting forces QLTT Binh Phuoc has not made ​​any public records record the inspection, inspectors.

The authorized IP agent, Management jobs in the market of Binh Phuoc is not in accordance with Article 55 of the Ordinance on Handling of Administrative Violations 44/2002/PL-UBTVQH10 July 2, 2002 shall be amended and supplemented by amending Ordinance and supplementing a number of articles of the Ordinance on Handling of administrative Violations 04/2008/PL-UBTVQH12 April 2, 2008 “Article 55. Lap record on administrative Violations 1. Upon detecting administrative violations under his management field, who are authorized duty shall promptly make a report, unless otherwise sanctioned by simple procedures. During the administrative violation cases not under the sanction of the set records, such records must be forwarded to the sanctioning authority to sanction conduct … “.

Google translation for reference purpose only.

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