Regulations on distraint and use of intellectual property rights of corporations in Vietnam
What are regulations on the implementation of distraint and use of intellectual property rights of corporations in Vietnam? Please get back to me.
Regulations on distraint and use of intellectual property rights of corporations in Vietnam (Image from the Internet)
Pursuant to Article 25 of Decree 44/2020/ND-CP (Effective June 1, 2020) regulating the distraint and use of intellectual property rights of corporations:
- The competent criminal judgment enforcement agency shall issue decisions to distraint intellectual property rights under the corporation’s ownership.
If the corporation that is the owner of intellectual property rights has transferred them to another organization or individual, such intellectual property rights shall be still be distrained.
- Upon distraint of corporation's intellectual property rights, depending on each subject matter of the intellectual property rights, the competent criminal judgment enforcement agency shall impound documents concerning the corporation’s intellectual property rights.
- In order to achieve national defense or security objectives or serve everyday life and state and social interests specified in the Intellectual Property Law, the State may decide that the owner of the intellectual property rights shall transfer the intellectual property rights to another organization or individual for a certain period. In this case, the competent criminal judgment enforcement agency is not allowed to distrain the corporation’s intellectual property rights during the period of compulsory transfer.
- The competent criminal judgment enforcement agency shall decide to transfer intellectual property rights to another organization or individual. The organization or individual assigned to use intellectual property rights shall transfer the amounts obtained after deducting necessary costs to the criminal judgment enforcement agency to guarantee the enforcement of judicial measure.
Where necessary, the competent criminal judgment enforcement agency shall request the specialized or professional intellectual property organization to collect and manage profits earned from the use of the corporation's intellectual property rights.
- If the corporation has transferred the intellectual property rights to another organization or individual but has not been paid or fully paid for the transfer, the competent criminal judgment enforcement agency shall issue a decision to compel such organization or individual to make the payment to guarantee the enforcement of judicial measure.
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