Various questions about the IPR handling of the Market Management Bureau

Having not received the best support from the Vietnamese enforcement authority, Hunter Douglas Vietnam got Document on 26 April 2013 of Binh Phuoc Market Management Department, informing about the cease of procedure of  IPR handling and wait for the settlement of the other competent authority.


Container of infringing product

CongThuong – The reason stopping procedures for handling violations QLTT Binh Phuoc is given: Although Hunter Douglas Company has been the IP Office certificate of registration of the transfer of industrial property objects using the 26th 2119/DKHDSD / 01/2011 to mark Luxalon but by Truong Thinh Company filed a trademark registration Luxaline from 18.08.2011 and has been accepted by the Department of Intellectual Property under decision No.: 36402/QD-SHTT dated 27/9/2011. Thus, the trademark infringement case between the two companies is in dispute.

However, on 05.17.2013, after receiving the request that the Department clarify QLTT Binh Phuoc Province: Is there a conflict between the two brands and Luxaline Luxalon or not, Intellectual Property Office has issued Document Some 4266/SHTT-TTKN, concluded no dispute in the infringement of intellectual property rights between the mark “LUXALON” and signs “LUXALINE“.

Thus the conclusion of the Department of Intellectual clear, there is no dispute that the asserted trademark Truong Thinh Company had violated the right to use Luxalon trademark of Hunter Douglas Company.

After the conclusion of the Department of Intellectual Property, Binh Phuoc province QLTT agencies conducted the test in the Phu Nghia, Bu Gia Map District, Binh Phuoc province. But the test, QLTT forces did not require the subject of intellectual property rights to join-in which the authorities usually do when xxu the infringement of intellectual property rights.

Only after inspecting The authorized IP agent, representatives will be invited to the headquarters of the Binh Phuoc Market Management Department to make a report to work with very general content: QLTT Binh Phuoc province announced the settlement infringement case without giving a specific information recorded in the minutes of the work as the product of custody violations product value ….

According QLTT Binh Phuoc, through testing that the product has custody violations worth about 50 million. With this notice, rights holders, as well as units representing QLTT The authorized IP agent, not provide any records to work between QLTT Binh Phuoc and the offending party. Meanwhile, according to preliminary estimates, the value of infringing goods at the Phu Nghia commune, Bu Gia Map district could reach billions.

Mr. Nguyen Vu Quan – Head of Dealing with violations (The authorized IP agent): To enforce intellectual property rights, Hunter Douglas is promoting the necessary measures, including lawsuits to court, to determine damage, determine the revenues illicit profits from infringement of rights Company’s intellectual property Truong Thinh and claim damages.

According The authorized IP agent, determining the value of products infringing intellectual property is not difficult. To identify and trace the value of infringing goods installed at site Bu Gia Map District, Binh Phuoc Department QLTT can fully calculate the true value of infringing goods based on: the value of the actual parties involved signed the quantity of infringing products into the actual installation works based on the type of invoice finance or delivery card or an equivalent document, or on bills Cash payment for products purchased for the purchaser’s use of the Bu Gia Map district …

In particular, the reflection from the subject of intellectual property rights, although dated 11.06.2013, Binh Phuoc province QLTT forces had working sessions, has announced the deployment testing and inspection, but This is also the same day, through monitoring and associated products violate Luxaline sign violations continue to be included in the installation openly, blatantly have never had such an inspection, inspectors from authorities function.

The work outlined above raises a series of questions suspicion: Is it now considered common law, blatantly infringing intellectual property? Why not QLTT Binh Phuoc fierce fighting, handling infringements? …

So far, more than 2 months, the case is still in a state of … pending (!?)

Infringement of the rights of Truong Thinh clear. Behavior that has significantly degrade brand reputation LUXALON, causing consumer confusion about the origin of goods trade, undermine consumer confidence, pressing the right holder IP and genuine consumers.

Google translation for reference purpose only.

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