Vi phạm nhãn hiệu Phở Hùng – Kỳ 2

Trở lại với vụ vi phạm nhãn hiệu Phở Hùng, ta thấy rằng:

Thủ tục đăng ký bảo hộ nhãn hiệu này đã được thực hiện đầy đủ. Thực tế vụ việc cho thấy, nhãn hiệu này đã được sử dụng lần đầu tiên tại Mỹ của ông Tiền Kim Thành (Tony Tien – quốc tịch Mỹ) và cũng đã được đăng ký bảo hộ tại Mỹ. Tuy nhiên, việc đăng ký độc quyền nhãn hiệu tại một quốc gia thì không đương nhiên được bảo hộ tự động ở quốc gia khác.

Do vậy, khi bà Trần Thị Tuyết Lan đăng ký bảo hộ nhãn hiệu này ở Việt Nam với tên gọi và hình ảnh tương tự như vậy thì vẫn được chấp nhận và cấp văn bằng bảo hộ tại Việt Nam. Sau đó, nhãn hiệu này đã được chuyển quyền sở hữu sang công ty được thành lập giữa ông Tony Tiền và bà Lan. Sau khi xảy ra tranh chấp vì ông Tony Tien tự ý ký hợp đồng chuyển quyền sử dụng nhãn hiệu cho một người khác, hai bên đã thỏa thuận và ông Tien nhượng lại phần vốn cho bà Lan, ông Tien chỉ được “quyền sử dụng nhãn hiệu Phở Hùng của công ty cho một tiệm phở do ông làm chủ”. Nghĩa là lúc này, chỉ có công ty trách nhiệm hữu hạn một thành viên mà bà Lan đã chuyển đổi từ công ty trách nhiệm hữu hạn hai thành viên ban đầu là chủ sở hữu nhãn hiệu Phở Hùng và ông Hùng được phép sử dụng nhãn hiệu này cho tiệm phở mà ông làm chủ.

Tuy nhiên, sau lại xuất hiện nhiều quán mới với tên gọi “Phở Hùng” và cách trình bày cũng tương tự như nhãn hiệu “Phở Hùng” bà Lan đang sử dụng. Đây chính là hành vi vi phạm về sở hữu Công nghiệp đối với nhãn hiệu đã được đăng ký bảo hộ độc quyền. Sau khi phát hiện ra vi phạm này, bà Lan đã nhanh chóng đề nghị Thanh tra Sở khoa học và Công nghệ TP.Hồ Chí Minh xử lý vi phạm về sở hữu công nghiệp. Đây là con đường giải quyết vi phạm theo thủ tục hành chính. Theo đó, Thanh tra sở đã yêu cầu chủ các quán đứng ra giải trình và yêu cầu chấm dứt chi phạm. Các chủ quán này đã đổi biển hiệu mới nhưng vẫn sử dụng tên “Phở Hùng” nên Thanh tra Sở đã xác định đây là “yếu tố xâm phạm quyền đối với nhãn hiệu bảo hộ” và yêu cầu giải trình lại.

Từ vụ việc này có thể thấy cho dù pháp luật không bắt buộc nhưng việc đăng ký bảo hộ nhãn hiệu cho hàng hóa, dịch vụ mà mình sản xuất, kinh doanh thực sự rất quan trọng. Nếu giả thiết đặt ra trong vụ vi phạm nói trên bà Lan chưa đăng ký bảo hộ đối với nhãn hiệu “Phở Hùng” thì yêu cầu bảo hộ nhãn hiệu của bà Lan sẽ khó được chấp nhận. Do vậy, thiết nghĩ một hoạt động không nên thiếu trong quá trình sản xuất, kinh doanh của các tổ chức, cá nhân đó là đăng ký nhãn hiệu đối với hàng hóa, dịch vụ của mình. Đó là cách tốt nhất để được pháp luật bảo hộ đối với nhãn hiệu dùng cho hàng hóa, dịch vụ của mình. Tuy nhiên, trong trường hợp nhãn hiệu đã được đăng ký nhưng các tổ chức, cá nhân khác vẫn cố tình vi phạm thì tổ chức, cá nhân có quyền sở hữu nhãn hiệu có thể bảo vệ quyền của mình thông qua nhiều cách thức như theo con đường hành chính hoặc kiện ra tòa. Cách thức mà bà Lan đã sử dụng để bảo hộ quyền đối với nhãn hiệu Phở Hùng nói trên là theo con đường hành chính. Thay vì kiện ra tòa mặc dù có thể giải quyết nhanh chóng, triệt để các hành vi vi phạm nhưng có thể dẫn đến những thủ tục, giấy tờ phức tạp cũng như ảnh hưởng nhiều đến uy tín của chính tổ chức, cá nhân sở hữu nhãn hiệu; các tổ chức, cá nhân này có thể lựa chọn theo con đường hành chính như của bà Lan. Theo đó, nếu bên vi phạm cho là không có vi phạm, nhãn hiệu tương tự thì doanh nghiệp có thể yêu cầu trưng cầu giám định để làm căn cứ hữu hiệu cho cơ quan quản lý ra quyết định xử phạt, cưỡng chế gỡ bảng hiệu. Mặc dù cách giải quyết này có thể tốn nhiều thời gian nhưng sẽ tránh được việc phải làm việc với tòa án, là điều mà thực tế hầu hết các chủ thể kinh doanh đều khá “ngại”.

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