Amendments to additional penalties in administrative sanctions related to industrial property in Vietnam

Amendments to additional penalties in administrative sanctions related to industrial property in Vietnam

The form of additional penalties in administrative sanctions related to industrial property is amended in Clause 2, Article 1 of Circular 06/2024/TT-BKHCN as follows:

When applying the additional penalties stipulated at Point c, Clause 2, Article 3 of Decree 99/2013/ND-CP, the person with sanctioning authority for administrative violations will apply measures to suspend part or the entire production, business, and service activities of the violating organization or individual according to the principle of suspending activities related directly to the violation subject to administrative sanctions in Vietnam.

The measure of suspending the entire production, business, and service activities of the violating organization or individual applies in cases where all such activities are directly related to the act subject to administrative sanctions in Vietnam.

Additionally, the application of preventive measures and ensuring the handling of administrative violations in the field of industrial property is amended in Clause 3, Article 1 of Circular 06/2024/TT-BKHCN as follows:

The person with sanctioning authority for administrative violations shall consider applying preventive measures and ensuring the handling of administrative violations by temporarily holding domain names when receiving valid documents from the entity proposing to handle acts of unfair competition related to the possession and use of domain names as stipulated at Point a, Clause 16, Article 14 of Decree 99/2013/ND-CP, including:

- Proposal to apply preventive measures and ensure the handling of administrative violations by "temporarily holding domain names" (in a separate document or stated within the petition for handling acts of unfair competition related to the possession and use of domain names);

- Authorization document as stipulated in Article 23 of Decree 99/2013/ND-CP (if any);

- Documentation and evidence proving the acts of unfair competition related to the possession and use of domain names as stipulated at Point c, Clause 2, Article 19 of Circular 11/2015/TT-BKHCN.

More details can be found in Circular 06/2024/TT-BKHCN dated November 15, 2024.

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