Notification and advisory letter from the representative of ADA Vietnam

On October 19, 2020, the official fan page of ADA’s representative in Vietnam announced that some individuals and organizations in Vietnam are using the ADA brand without permission! This affects the rights and image of ADA.

Content of the letter:

“Notification and Advisory Letter”

ADA Japan has registered industrial ownership, trademark (logo) in Vietnam and has been granted a protection certificate for the ADA trademark (logo) by the Vietnam Intellectual Property Office since 2018. Recently, ADA Japan discovered that some individuals/businesses are using logos very similar to our company’s trademark (logo).

The use of inventions, trademarks (logos), and industrial designs that are under protection and within the protected territory (Vietnam) by a third party without the permission of the copyright holder, ADA Japan, for business purposes and not falling under any exceptions, is considered an infringement of intellectual property rights. A third party is understood as anyone other than the intellectual property rights holder, including domestic and foreign organizations and individuals. The use of the aforementioned objects, whether intentional or unintentional, for business purposes (profit-making) without the permission of the owner or the person authorized by the owner to use the object through a licensing contract is prohibited.

Violations of intellectual property rights concerning the ADA trademark (logo) are “acts of copying, counterfeiting, or unauthorized use of all or part of the main elements of the trademark that is certified for protection,” which include:

* Use a sign identical to the protected trademark for goods and services identical to those listed in the registration accompanying that trademark.
** Use a sign identical to the protected trademark for similar or related goods and services to those listed in the registration accompanying that trademark, if the use is likely to cause confusion about the origin of the goods and services.
*** Use a sign similar to the protected trademark for goods and services identical, similar, or related to those listed in the registration accompanying that trademark, if the use is likely to cause confusion about the origin of the goods and services.

This notice serves as a warning letter. To resolve this, ADA Japan requires individuals/businesses to cease the infringing activities and the illegal use of ADA trademarks. Additionally, they must stop selling counterfeit ADA branded products. If the infringing party does not cease the infringing activities and continues to violate, we will proceed to file a request for intellectual property infringement enforcement with the authorities to demand action.

Legal representatives in protecting intellectual property rights (IPR) in Vietnam of ADA

So with the legal basis from ADA, how will individuals or organizations that are in violation be punished and handled?

According to research from Aqua Plants Hub based on Article 30 of Decree 119/2017/ND-CP, it is regulated as follows:

Section 3. VIOLATIONS OF REGULATIONS ON PRODUCT LABELING AND BARCODE NUMBERS

Article 30. Violations of regulations on labeling goods in the business of products and goods

1. A fine ranging from 500,000 VND to 1,000,000 VND for one of the following acts in cases where the value of the violating goods is up to 5,000,000 VND:

a) Goods with labels that are obscured, torn, faded, unreadable, or do not fully display all mandatory information on the labels;

b) Goods with labels that do not comply with regulations regarding font size and numbers, language used, quantity, and units of measurement according to the law on product labeling.

2. The monetary fine for violations of the provisions in paragraph 1 of this Article in cases where the value of the violating goods exceeds 5,000,000 VND is stipulated as follows:

a) A fine of 1,000,000 VND to 3,000,000 VND in cases where the value of the violating goods is from over 5,000,000 VND to 10,000,000 VND;

b) A fine ranging from 3,000,000 VND to 5,000,000 VND in cases where the value of the violating goods is from over 10,000,000 VND to 20,000,000 VND;

c) A fine of 5,000,000 VND to 7,000,000 VND in cases where the value of the violating goods is from over 20,000,000 VND to 30,000,000 VND;

d) A fine ranging from 7,000,000 VND to 10,000,000 VND in cases where the value of the violating goods is from over 30,000,000 VND to 50,000,000 VND;

d) A fine ranging from 10,000,000 VND to 15,000,000 VND in cases where the value of the violating goods is from over 50,000,000 VND to 70,000,000 VND;

e) A fine of 15,000,000 VND to 20,000,000 VND in cases where the value of the violating goods is from over 70,000,000 VND to 100,000,000 VND;

g) A fine of 20,000,000 VND to 30,000,000 VND in cases where the value of the violating goods exceeds 100,000,000 VND.

3. Measures to mitigate consequences:

Recall of products and goods for violations of the provisions in clauses 1 and 2 of this Article.

To learn more information, please explore The Intellectual Property Law of 2005 and Decree 119/2017/ND-CP.

I hope the information above can help you avoid unintended violations!