Đòn đáp trả của vụ việc “Nhái” kiểu dáng xe Vespa huyền thoại
Trong những ngày vừa qua, trên thị trường xe của Việt Nam xuất hiện một dòng xe điện có xuất xứ từ Trung quốc có kiểu dáng giống với xe Vespa 946 về nhiều mặt. Không những thế, xe này còn ngang nhiên được trưng bày trong triển lãm quốc tế về phương tiện giao thông và công nghiệp phụ trợ Vietnam AutoExpo 2015 tổ chức ở Hà Nội và chào bán ở một số địa điểm mặc dù chưa được Cục đăng kiểm cấp phép. Piaggio đã có đáp trả cho việc vi phạm bản quyền kiểu dáng công nghiệp này.
Kiểu dáng công nghiệp là một đối tượng thuộc phạm vi bảo hộ của luật sở hữu trí tuệ. Kiểu dáng công nghiệp được hiểu là là hình dáng bên ngoài của sản phẩm được thể hiện bằng hình khối, đường nét, màu sắc hoặc sự kết hợp những yếu tố này. Do đó, nếu một sản phẩm có hình thức bên ngoài có sự tượng đồng, gây tương tự nhầm lẫn với sản phẩm khác thì chúng ta có thể dễ dàng nhận ra. Đặc biệt với những sản phẩm xe cộ, đây là phương tiện giao thông chủ yếu của người dân Việt Nam, có giá trị tương đối lớn, khi “bị làm nhái” sẽ ảnh hướng lớn đến giá trị kinh tế, giá trị thương hiệu của chủ sở hữu.
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Mẫu xe điện nhái Vespa 946 do 2 doanh nghiệp của Việt Nam đưa ra chào bán với giá rẻ tầm 15 triệu đồng, giống từ yên xe, hốc trang trí trên thân xe, kiểu dáng đèn pha, lô gô phía trước, tay năm và ốp động cơ…trong khi để sở hữu được một chiếc Vespa 946 thì phải mất từ 340 đến 365 triệu đồng. Để đáp trả lại hành vi sai phạm trên, đại diện của hãng Piaggio là Ông Stefano Cartoni – giám đốc phụ trách thị trường Việt Nam đã có phản pháo chính thức về bản quyền xe. Ông cho biết: “Piaggio C.S.p.A (“Piaggio”), công ty mẹ của Piaggio VN, đã đăng ký bản quyền kiểu dáng công nghiệp cho Vespa 946 tại Việt Nam vào tháng 4/2013”. Vì vậy, kiểu dáng của xe này đã được pháp luật sở hữu trí tuệ bảo hộ, bất cứ một bên nào sử dụng bản quyền xe này mà không được sự đồng ý của chủ sở hữu thì bị xem là vi phạm. Và chắc chắn một điều rằng, phía công ty Piaggio không đời nào cho phép bên khác sử dụng kiểu dáng độc quyền của hãng xe thời thượng này. Phía công ty Piaggio Việt Nam đang phối hợp với các cơ quan chức năng trong việc ngăn chặn việc nhập khẩu và lưu hành dòng xe điện này ở Việt Nam. Họ sẵn sàng hợp tác với cơ quan chức năng có liên quan để xử lý những vi phạm nói trên.
Hiện vụ việc đang trong quá trình điều tra và xử lý, tuy nhiên có thể khẳng định rằng pháp luật sẽ có những phản hồi đúng đắn, góp phần ngăn chặn và bảo vệ bản quyền kiểu dáng công nghiệp một cách kịp thời. Đảm bảo được một môi trường kinh doanh lành mạnh và thông minh.
Để đăng ký bản quyền kiểu dáng công nghiệp, hồ sơ cần có là:
- Bản mô tả kiểu dáng công nghiệp.
- Chứng nhận đăng ký kinh doanh (2 bản sao y công chứng)
- Lĩnh vực sử dụng của sản phẩm được chế tạo theo Kiểu dáng bao bì.
- Bộ ảnh chụp, bản vẽ kiểu dáng công nghiệp ( 5 bộ ảnh hoặc 5 bản vẽ).
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