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On 3rd November 2015, Thai Binh Newspaper received the Document No.1479/TN&PTDT of Ba Ria - Vung Tau Urban Sewerage and Development Company (BUSADCO), is 100% State owned business which has the headquarter at No.6, 3/2 street, Ward 8, Vung Tau City. According to the mentioned Document, BUSADCO is the first scientific and technological business of Vietnam, owner of utility solution "precast reinforced concrete channel/ditch with thin walls" and "technical trenches for cable and piping distribution". The Intellectual property rights the two mentioned above products of the Company are also protected by the State.

Precast concrete product of Thong Anh Construction Company

The basis for BUSADCO confirming the above contents are the certificates, the decisions ... of the competent authorities issued to the Company, including: Ministry of Construction’s Certificates for technological solutions "Technological line of manufacturing precast reinforced concrete products with thin walls applied in the technical infrastructure system and environmental protection"; Certificates of Viet Nam Standard and Quality Institute for the product "precast reinforced concrete channel/ditch with thin wall" on conforming to TCVN 6394: 2014; Certificate of appropriate technical solution of the Ministry of Construction for "BUSADCO precast reinforced concrete channel/ditch with thin walls"; the decision of the Irrigation General Department on recognizing "Precast reinforced concrete and precast fibrous reinforced concrete with thin walls are technical advancement and new technology"; Certificate of standard conformity of Viet Nam Institute for Building Materials for the product of " precast reinforced concrete channel/ditch with thin walls"; The decision on accepting the valid application of the National Office of Intellectual Property of Viet Nam for utility solution "precast reinforced concrete channel/ditch with thin walls" and the patent for utility solution of the National Office of Intellectual Property of Viet Nam for the invention of “technical trenches for cable and piping distribution”

However, on 23rd October 2015, BUSADCO detected the product of " BUSADCO precast reinforced concrete channel/ditch with thin walls" being imitated and installed in the communes of Phuong Cong, Dong Hoang, Nam Thinh (Tien Hai district). The above product is constructed by Thong Anh Construction Company which has the head office in the hamlet 10, Phuong Cong commune, Tien Hai district, led by Mr. Thong as the Director. According to BUSADCO, this is infringement of BUSADCO’s intellectual property rights

This infringement should be considered and handled by the competent authorities in order that Thong Anh Construction Company immediately terminates molding, pouring "BUSADCO precast reinforced concrete channel/ditch with thin walls" at every place and in all forms.

Thai Binh Newspaper would like to suggest the authorities timely to check and give out the conclusion to protect the rights and interests of legitimate owner, to ensure the law to be properly implemented to all agencies individuals.

Authorities in handling the infringement of intellectual property rights

1. Courts, inspectorate, market management agencies, custom offices, police agencies and the People’s Committees of all levels, within its duties and authorities, are entitled to handle acts of infringement of intellectual property rights.

 2. The application of civil remedies and criminal remedies shall fall within the authorities of the courts. In appropriate cases, the courts are entitled to apply provisional measures in accordance with the laws and regulations.

 3. The application of administrative remedies shall fall within the authorities of inspectorate, police agencies, market management agencies, custom offices and the People’s Committee of all levels. In appropriate cases, the above-mentioned agencies are entitled to apply preventive measures and ensure that administrative penalties shall be imposed in accordance with the laws and regulations.

 4. The application of intellectual property border control measures with regard to imports and exports shall fall within the authorities of custom offices.

(Article 200, the Law No. 50/2005/QH11 on Intellectual Property dated 29th November 2005

 

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