HAIHAN INTELLECTUAL PROPERTY

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HAIHAN INTELLECTUAL PROPERTY

News & Events

On September 28, 2023, a client of HAIHAN-IP won a patent infringement case, the Court issued a verdict for resolving infringement of patent No. 2929 in Vietnam
Sat, 04:46 10/28/2023.

* Summary of the case:

 

HAIHAN-IP represented Pham Van Lang to file a patent application for rice planter in 2020 before the Vietnam Patent Office (the IPO). After two years of examination, Pham Van Lang was granted patent No. 2929 by the IPO on May 18, 2022. Since then, the patent owner expanded his factory and produced thousands of products. Products based on patent No. 2929 are sold in 64 provinces of Vietnam and exported to many countries such as China, India, Thailand, The Philippines and other ASEAN countries.

Patent No. 2929

Huyen Chinh Co., Ltd. (herein after called Huyen Chinh) copied the patent and produced hundreds of products and competed with the patent owner by reducing the sell price and contacted clients of the patent owner. However, many products produced by Huyen Chinh are with bad quality. Clients complained about the products of Huyen Chinh and the patent owner heard about the patent infringement.

 

The patent owner instructed HAIHAN-IP to send a Warning Letter to Huyen Chinh to stop the infringement but Huyen Chinh ignored the Warning Letter.

 

* Measure to handling infringement

 

We took 1st step of filing an inspection application to Vietnam Intellectual Property Research Institute (VIPRI) to check whether the product of Huyen Chinh infringes Patent No. 2929 or not. After VIPRI issued a Decision that it is an infringement, we took further steps.

 

We sent a request to Inspectorate and the inspectorate issued a Decision to punish Huyen Chinh by seizing products and prohibiting Huyen Chinh to continue to do business.

 

We filed a law suit against Huyen Chinh to claim a damage. After the court’s trial, the court issued a decision to request Huyen Chinh to pay the patent owner VND300,000,000.

Verdict for patent infringment

* Conclusion:

 

Handling patent infringement is not easy in Vietnam. However, with our experience, we can take care each patent infringement case step by step with a special strategy, and cooperate with competent authorities to seize products and arrest the infringers. We always wish to assist patent owners to protect their intellectual property rights and create a fair competition on the market.

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HAIHAN-IP is a prestigious intellectual property law firm in Vietnam. We provide clients with services including search, filing, prosecution, licensing, assignment and litigation of patents, utility solutions, trademarks, industrial designs. For any enquiries about our services, please email hh@haihan.vn or phone us at 84-24-3202 8222 or 84-24-3202 8222 or fax us at 84-24-3202 8333.

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