THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 105/2006/ND-CP
Hanoi, September 22, 2006
 
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY ON PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND ON STATE MANAGEMENT OF INTELLECTUAL PROPERTY
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 11, 2005 Law on Intellectual Property;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights, identification of damage, requests for handling of infringements and settlement of those requests, handling of infringements by administrative measures, control of exports and imports related to intellectual property, assessment of intellectual property, and state management of intellectual property.
Article 2.- Subjects of application
This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals that have their intellectual property rights protected or commit acts of infringement of intellectual property rights under the Law on Intellectual Property.
Article 3.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Act of infringement means an act of infringement of intellectual property rights.
2. Handling of an act of infringement means handling of an act of infringement of intellectual property rights.
3. Infringer means an organization or individual that commits an act of infringement of intellectual property rights.
4. Element means a product, a process or a part or a component of a product or a process.
5. Infringing element means an element created from an act of infringement.
6. Examined act means an act that is suspected to be an act of infringement and is examined to conclude whether it is an act of infringement or not.
7. Examined subject matter means a subject matter that is suspected and examined to conclude whether it is an infringing object or not.
8. Petition for handling of infringement means a written request for application of measures to handle an act of infringement.
Article 4.- Application of civil, administrative and criminal measures to protect intellectual property rights
Depending on their nature and severity, acts of infringement may be handled by civil, administrative or criminal measures in accordance with the provisions of Part Five (Protection of Intellectual Property Rights) of the Law on Intellectual Property and the following provisions:
1. Civil measures are applied to handle acts of infringement at the request of intellectual property right holders, organizations or individuals that suffer from the damage caused by those acts, even when those acts have been or are being handled by administrative or criminal measures.
The procedures for request for application of civil measures and the competence, order and procedures for application of civil measures shall comply with the provisions of law on civil procedures.
2. Administrative measures are applied to handle acts of infringement falling into one of the cases specified in Article 211 of the Law on Intellectual Property, at the request of intellectual property right holders, organizations or individuals that suffer from the damage caused by those acts, organizations or individuals that detect those acts, or when those acts are detected by competent bodies.
The sanctioning forms and levels, the competence and procedures for sanctioning acts of infringement and remedies shall comply with the provisions of the Law on Intellectual Property and the law on sanctioning of administrative violations in the domain of copyright and related rights, industrial property rights and rights to plant varieties.
3. Criminal measures are applied to handle acts of infringement that contain criminal elements in accordance with the provisions of the Penal Code.
The competence, order and procedures for application of criminal measures shall comply with the provisions of law on criminal procedures.
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