When detecting an act of infringing on a protected industrial design, the owner needs to carry out an assessment so that the law has a basis to handle and compensate for damage. This article will provide detailed information about industrial design inspection services.
Industrial design appraisal is the process of using professional knowledge and expertise to evaluate and conclude issues related to intellectual property rights to industrial parks. This expertise shall be carried out in accordance with the law on judicial expertise.
- The Law on Intellectual Property in 2005, amended and supplemented in 2009, 2019, 2022.
- Decree No. 65/2023/ND-CP detailing industrial property, protection of industrial property rights, and management of plant varieties.
The inspection of industrial designs aims to determine:
- Whether the subject is considered to meet the conditions to be considered as an infringing element of the industrial park or not.
- Overlap, equivalence or similarity causing confusion between the subject under consideration and the protected object.
- The value of damage caused by the act of infringement, including material and mental damage.
According to Article 116 of Decree No. 65/2023/ND-CP, the following organizations and individuals have the right to request industrial property assessment:
1. Owners of industrial designs.
2. Organizations and individuals requested to handle acts of infringement or complaints or denunciations about industrial parks.
3. Organizations and individuals with rights and interests related to disputes, infringements, complaints and denunciations about industrial property rights.
4. Organizations and individuals may request industrial property assessment organizations or industrial property assessors to conduct the assessment by themselves or authorize other organizations and individuals to conduct the assessment.
1. To comply with law and follow the order and procedures for assessment.
2. Honesty, accuracy, objectivity, impartiality and timeliness.
3. To make professional conclusions only on matters within the scope of the requirements.
4. To take responsibility before law for expertise conclusions.
1. A document expressing the expertise request (Decision on solicitation of expertise/ Declaration of expertise request).
2. Documents showing the grounds for arising/establishing industrial property rights (protection titles/certificates of registration of industrial designs).
3. Documents and specimens showing the subject of assessment (descriptive documents, photographs, drawings, transaction contracts, advertising materials, articles, products, goods, packaging, etc.).
4. Industrial property assessment service contracts.
5. Vouchers for payment of assessment fees.
6. Power of attorney (if the assessment application is submitted through a representative).
In addition, the application may include other documents if necessary for the assessment.
According to Article 119 of Decree No. 65/2023/ND-CP, the person requesting expertise can send a request to:
- Institute of Intellectual Property Sciences (Address: No. 21 – Lane 67 – Do Quang Street – Cau Giay District – Hanoi).
Time limit for industrial design inspection
Usually it is 1 month, corresponding to the fee stated in the Assessment Service Schedule.
1. Selection of assessment forms and units.
2. Prepare and submit dossiers to the assessment organization.
3. Receive dossiers and inspect and classify industrial parks and documents.
4. Acceptance of assessment dossiers: Examination of dossier forms, domains, subjects and purposes of expertise; assess the validity and suitability of assessment requests; conclusions on acceptance or refusal of expertise; notice of conclusion and conclusion of assessment contract.
5. Carrying out the assessment contents: Searching for information, measuring, testing, consulting; inspect the grounds for arising/establishing industrial parks; look up original information about relevant industrial parks; inspection of the validity and determination of the scope of protection; locating the subjects to be considered; establish a formula for determining the subjects to be considered; compare and evaluate the subjects to be considered according to the assessment contents; summarize the results.
6. Handling of inspection results and finishing: Development of inspection products; settlement of assessment fees; handing over products, liquidating contracts; processing assessment dossiers, specimens, setting up archival data.
If you need more support for industrial design inspection services, please contact us for detailed advice.
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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