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The dispute settlement of intellectual property

In the integration world, intellectual property exists in all corners of society. Therefore, the issue of protection of intellectual property rights and especially the dispute settlement of intellectual property is paid attention to. However, because of the intangibility of intellectual property, the dispute relating to intellectual property is one of the most difficult disputes to settle. In order to help our clients troubleshoot the problem above, Apolo Lawyers (Tel: (028) 66.701.709) provides the legal service for the dispute settlement of intellectual property efficiently.

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Normally, relating to the dispute settlement of intellectual property, we need to focus on these issues:

1. What is intellectual property dispute?

Intellectual property consists of many fields and types. The main two types of intellectual property are industrial property and copyright. The intellectual property dispute arises when the enterprises infringe the intellectual property rights or behave against you for infringing their intellectual rights. In the order word, the intellectual property dispute is the conflict over the rights and interests of subjects related to industrial property and copyright.

The dispute settlement of intellectual property is when the competent authorities and organizations consider and decide to settle the intellectual dispute based on the documents and evidence in this dispute to protect the legitimate rights and interests of individuals, agencies, and organizations.

>>> Read more: Procedures for acquiring Trademark Registration Certificates

>>> Read more: Registration for the Copyright Certificates

2. The procedure for the dispute settlement of intellectual property at a court

According to point d, clause 1, Article 198 of the Law on Intellectual property, one of the self-protection rights is initiating a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holders.

The procedure for the dispute settlement of intellectual property at a court:

Step 1: Prepare the lawsuit dossiers

The petitioner prepares the lawsuit dossier which contains the content according to Article 164 of the 2015 Civil Procedure Code.

Step 2: Submit the dossier

The petitioner can submit the dossier directly to the court or indirectly by post.

Step 3: The court considers the dossier

Within 5 working – days from receipt of the dossier, the court shall consider and make the following decisions:

  •  Request for amendment and supplementation of the lawsuit petition;
  • Carrying out the procedure for accepting the case according to normal procedures; or according to summary procedures if the case has enough conditions for settlement according to summary procedures specified in clause 1, Article 317 of the 2015 Civil Procedure Code.
  • Transfer the petition to the competent Court; notify the petitioner if the case falls under the jurisdiction of another Court;
  • Return the petition to the petitioner if the case is not within the jurisdiction of the Court.

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3. What can Apolo lawyers do for our clients?

The lawyers of Apolo Lawyers, with a thorough understanding of the provisions of the law as well as long experience in the profession, offer suggestions to clients to solve problems related to the legal profession. settle disputes related to intellectual property to protect the legitimate rights and interests of customers.

Apolo Lawyers will represent clients to resolve disputes related to intellectual property:

- Copyright disputes.

- Disputes about related rights.

- Disputes over industrial property rights.

For further information, please contact us: Apolo Lawyers

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