Previously, on May 4, 2024, the Government of Vietnam promulgated Decree No. 46/2024/ND-CP on amendments to Decree No. 99/2013/ND-CP on penalties for administrative violations against regulations on industrial property.
Circular No. 06/2024/TT-BKHCN amends several contents of Circular No. 11/2015/TT-BKHCN as follows:
- Regarding scope: This Circular elaborates and provides for guidelines on the implementation of several articles of Decree No. 99/2013/ND-CP on penalties for administrative violations against regulations on industrial property, amended by Decree No. 126/2021/ND-CP dated December 30, 2021 and Decree No. 46/2024/ND-CP dated May 4, 2024.
- Regulated entities:
+ Entities prescribed in Article 1a of Decree No. 99/2013/ND-CP committing administrative violations against regulations on industrial property;
+ Persons competent to impose fines for administrative violations and make administrative offense reports regarding industrial property according to Article 15 through Article 21a of Decree No. 99/2013/ND-CP dated August 29, 2013;
+ Other organizations and individuals relevant to penalties for administrative violations against regulations on industrial property.
Application of measures to prevent and ensure handling of administrative violations against regulations on industrial property in Vietnam
Persons competent to impose penalties for administrative violations shall consider applying measures to prevent and ensure the handling of administrative violations, such as confiscation of domain names when receiving valid documents from petitioners against unfair competition concerning the appropriation and use of domain names prescribed in Point a Clause 16 Article 14 of Decree No. 99/2013/ND-CP dated August 29, 2013, including:
- Written requests for the application of domain name confiscation (by separate documents or included in applications for handling unfair competition concerning the appropriation and use of domain names);
- Written authorizations according to Article 23 of Decree No. 99/2013/ND-CP dated August 29, 2024 (if any);
- Documents and evidence proving acts of unfair competition concerning the appropriation and use of domain names according to Point c Clause 2 Article 19 of Circular No. 11/2015/TT-BKHCN dated June 26, 2015.
See more details in Circular No. 06/2024/TT-BKHCN , effective as of November 15, 2024.
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