Việc sử dụng trái phép nhãn hiệu đã được cấp văn bằng bảo hộ thì sẽ bị xử lý như thế nào?

       Việc sử dụng trái phép nhãn hiệu đã được cấp văn bằng bảo hộ thì sẽ bị xử lý như thế nào? Cục sở hữu trí tuệ sẽ cấp văn bằng bảo hộ cho người nộp đơn đăng ký nhãn hiệu nếu đơn đăng ký đảm bảo đúng quy định của pháp luật về hình thức và nội dung. Sau khi được cấp văn bằng bảo hộ nhãn hiệu, chủ sở hữu sẽ được bảo hộ độc quyền nhãn hiệu và bất cứ tổ chức, cá nhân sử dụng nhãn hiệu đó cho hàng hóa hoặc dịch vụ trùng, tương tự sẽ bị xử lý theo quy định của pháp luật. Văn bằng bảo nhãn hiệu chính là văn bản do cơ quan Nhà nước có thẩm quyền cấp cho tổ chức, cá nhân nhằm xác lập quyền sở hữu công nghiệp đối với nhãn hiệu. Đây chính là cơ sở pháp lý quan trọng để cơ quan có thẩm quyền tiến hành bảo vệ quyền và lợi ích hợp pháp cho chủ sở hữu nhãn hiệu trong trường hợp có vi phạm xảy ra.

         Khi có vi phạm liên quan đến nhãn hiệu xảy ra, chủ sở hữu có quyền yêu cầu bên vi phạm ngừng việc sử dụng nhãn hiệu. Trong trường hợp, việc vi phạm nhãn hiệu gây thiệt hại cho chủ sở hữu, thực hiện những hành vi cạnh tranh không lành mạnh thì bị xử phạt hành chính theo quy định của pháp luật. Đối với những trường hợp, hành vi sử dụng nhãn hiệu trái phép, xâm phạm quyền sở hữu trí tuệ có cấu thành tội phạm thì bị truy cứu trách nhiệm hình sự theo quy định của pháp luật hình sự. Do Luật sở hữu trí tuệ hiện hành chưa có một quy định rõ ràng, cụ thể nào về khi hành vi vi phạm bị xử phạt hành chính. Do đó, ngày 29/08/2013 Chính phủ ban hành Nghị định số 99/2013 NĐ-CP quy định về xử phạt những hành vi vi phạm nhãn hiệu. logo đã được bảo hộ, trong đó, quy định rất rõ về mức xử phạt hành chính đối với từng hành vi vi phạm.

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       Thực tế, ở nước ta hiện nay có rất nhiều trường hợp xâm phạm nhãn hiệu đã được cấp văn bằng bảo hộ và những hành vi đó đã bị cơ quan nhà nước có thẩm quyền xử phạt. Điển hình như vụ xâm phạm nhãn hiệu “RED BULL” của Ông H khi sử dụng nhãn hiệu “RED BULL+ hình” và sử dụng vật mang nhãn hiệu đã được cấp văn bằng bảo hộ độc quyền nhãn hiệu tại Việt Nam cho Công ty TNHH công nghiệp dược phẩm TC Thái Lan (TC). Hành vi này của Ông H đã bị truy cứu trách nhiệm hình sự do trước đó đã bị xử phạt hành chính về hành vi vi phạm nhãn hiệu “Heneiken” và “Sài Gòn”. Ông H bị Tòa án nhân dân thành phố Hồ Chí Minh tuyên phạt 3 năm cải tạo không giam giữ về tội xâm phạm quyền sở hữu trí tuệ và tội trốn thuế.

       Còn rất nhiều những vụ việc khác đã bị xử lý và là tấm gương sáng cho các cá nhân, tổ chức đã, đang và sẽ có ý định “ăn cắp” thương hiệu của người khác trong tương lai. Do đó, đăng ký nhãn hiệu là điều kiện cần để chủ sở hữu tiến hành kinh doanh trong thời buổi ngày nay.

Hồ sơ đăng ký nhãn hiệu bao gồm:

  • Giấy ủy quyền (mẫu do Trung tâm thương hiệu cung cấp);
  • Mẫu nhãn hiệu;
  • Danh mục sản phẩm hàng hóa, dịch vụ mang nhãn hiệu;
  • Thông tin người nộp đơn.

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