Tranh chấp nhãn hiệu – kiện về gia công hàng hóa

     Tranh chấp nhãn hiệu – kiện về gia công hàng hóaGia công hàng hóa có bị coi là vi phạm hay không? Nhiều công ty chỉ nhận hợp đồng gia công hàng hóa cho một bên khác, tuy nhiên chính vì những tranh chấp nhãn hiệu liên quan đến hàng hóa đó mà bên gia công cũng bị “túm lây”. Vậy trong trường hợp đó thì bên gia công có phải chịu trách nhiệm về hành vi vi phạm pháp luật sở hữu trí tuệ hay không?

      Vụ việc tranh chấp nhãn hiệu bánh tráng K’ của Công ty TG và công ty TP gây xôn xao dư luận và cơ quan thi hành pháp luật phải hoãn xử nhiều lần. Được biết, năm 2007 thì Công ty TP đã được Cục sở hữu trí tuệ cấp bằng kiểu dáng công nghiệp với sản phẩm bánh tráng mang thương hiệu K, 01 năm sau thì được cấp văn bằng bảo hộ nhãn hiệu và nhãn hiệu này cũng được chủ sở hữu đăng ký bảo hộ nhãn hiệu tại Mỹ để mở rộng thương hiệu. Tuy nhiên, vài năm sau đó, sản phẩm bánh tráng mang thương hiệu K’ có kiểu dáng cùng loại thấy xuất hiện tại thị trường Mỹ. Hai sản phẩm này được đánh giá là tương tự, gây nhầm lẫn đối với người tiêu dùng, sau khi tìm hiểu thì được biết, bánh tráng mang thương hiệu K’ là của công ty TG.

      Sau cuộc chiến đi tìm công lý, Tòa án đã xác định hành vi vi phạm sở hữu trí tuệ của công ty TG, buộc công ty này phải ngừng sản xuất và xuất khẩu. Ngoài ra phải công khai xin lỗi và bồi thường thiệt hại. Trong vụ kiện này có một chi tiết đáng quan tâm là việc một công ty khác ký kết hợp đồng với công ty TG sản xuất bánh tráng thương hiệu K’ thì có bị vi phạm hay không?

       Căn cứ theo quy định tại Khoản 5 Điều 181 Luật thương mại thì: “Thương nhân nhượng quyền bảo đảm quyền sở hữu trí tuệ đối với đối tượng được ghi trong hợp đồng nhượng quyền”. Do đó, bên nhận gia công phải tuân thủ đối với các thiết kế của sản phẩm trong hợp đồng, đồng thời bên thuê phải chịu trách nhiệm về quyền sở hữu trí tuệ đối với đối tượng trong hợp đồng thuê. Vậy, trong trường hợp này, công ty gia công sản phẩm bánh tráng trộn thương hiệu K’ không bị coi là vi phạm nếu chứng minh được trong hợp đồng thuê đó là làm theo đúng yêu cầu của bên thuê.

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