Legal Document

Title: Circular 11/2015/TT-BKHCN June 26, 2015, detailing and guiding a number of articles of Decree No. 99/2013/ND-CP on sanctioning of administrative violations in the field of industrial property
Type: Circular
Issuing Agency: Government
Responsible Agency: Relevant Agencies
Issuing Date: 26-05-2015

Guidance on dealing with violations of industrial property rights on the Internet
The Ministry of Science and Technology has issued Circular 11/2015/TT-BKHCN guiding Decree 99/2013/ND-CP stipulating administrative sanctions in the field of industrial property. Whereby:
Behavior on the Internet is concluded to infringe upon industrial property rights when:

- The act of being considered to meet the conditions specified in Clauses 1, 2 and 3, Article 5 of Decree 105/2006/ND-CP; and

- Such behavior occurs on the Internet but is aimed at consumers or users in Vietnam.

Owners of national domain names hiring other organizations or individuals to commit the above-mentioned acts shall also be considered acts of infringing upon industrial property rights.

The alleged acts of infringing upon the above industrial property rights shall be sanctioned according to the provisions of Articles 10, 11 and 12 of Decree 99/2013/ND-CP.

Circular 11/2015/TT-BKHCN takes effect from August 11, 2015 and replaces Circular 37/2011/TT-BKHCN.

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