Hàng hóa chứa yếu tố vi phạm nhãn hiệu sản xuất để “xuất khẩu” liệu có coi là vi phạm luật SHTT? Đây là câu hỏi khiến nhiều doanh nghiệp băn khoăn và thắc mắc. Nếu sản xuất hàng hóa với mục đích xuất khẩu ra nước ngoài cho chủ sở hữu khác buôn bán, tiệu thụ mà không tiêu thụ trong nước-nơi mà hàng hóa đang được bảo hộ thì có bị coi là vi phạm pháp luật hay không. Vậy, đăng ký nhãn hiệu có bị “dư thừa”?
Chúng ta hãy cùng nhìn lại vụ việc hi hữu này để xem xét và đánh giá. Công ty TNHH Carabao Tawandang – doanh nghiệp Thái Lan sản xuất sản phẩm nước uống tăng lực đóng lon tiêu thụ tại Việt Nam, doanh nghiệp này đã đăng ký và được Cục sở hữu trí tuệ Việt Nam cấp văn bằng bảo hộ cho nhãn hiệu “Red Carabao + hình”. Tuy nhiên, có một doanh nghiệp khác của Parkistan cũng có nhãn hiệu tương tự là “Arabao + hình” sản xuất sản phẩm nước uống tăng lực đóng lon như vậy, công ty này thuê Công ty TNHH Quốc tế Việt của Việt Nam làm gia công cho sản phẩm và xuất khẩu sang bên Parkistan cho công ty đó tiêu thụ. Do đó, trên thị trường Việt Nam không hề bán sản phẩm nước uống Arabao. Xem xét một cách khách quan hai nhãn hiệu trên về màu sắc, kiểu dáng, nhãn hiệu đều rất dễ gây tương tự nhầm lẫn cho khách hàng nhưng. Vậy công ty thuê Công ty TNHH Quốc tế Việt có bị xem là vi phạm?
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Thực chất, pháp luật sở hữu trí tuệ Việt Nam quy định bảo hộ nhãn hiêu theo lãnh thổ, tức là nhãn hiệu đăng ký có hiệu lực trên lãnh thổ Việt Nam. Nhãn hiệu “Red Carabao + hình” đã đăng ký bảo hộ tại Việt Nam tuy nhiên lại chưa đăng ký bảo hộ tại Parkistan. Do đó sản xuất hàng hóa tương tự Aarabao nhưng tiêu thụ tại Parkistan không làm ảnh hưởng đến uy tín, lợi ích, gây thiệt hại hoặc đe dọa gây thiệt hại cho lợi ích của công ty của Thái Lan. Do đó, nhãn hiệu trên tuy chứa yếu tố vi phạm nhưng vẫn không bị coi là vi phạm pháp luật sở hữu trí tuệ và công ty TNHH Quốc tế Việt không bị xem là vi phạm.
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