Joint Circular No. 05/2016/TTLT-BKHCN-BKHDT on detailing and guiding measures against corporate names that infringe industrial property rights

Joint Circular No.  05/2016/TTLT-BKHCN-BKHDT dated April 05, 2016 of the Ministry of Science and Technology and the Ministry of Planning and Investment on detailing and guiding measures against corporate names that infringe industrial property rights.

This circular includes 4 chapters and 12 articles that details and guides grounds for determining corporate names that infringe industrial property rights and measures against such infringements; procedures for changing corporate names, removing infringing elements in corporate names, revoking enterprise registration certificates of companies whose names infringe the industrial property rights.

Besides, this circular stipulates authorities competent to handle infringements and officials competent to impose administrative penalties that conclude or make decisions on corporate names that infringe the industrial property rights are regulated in Chapter III of the Decree No. 99/2013/ND-CP. The circular also promulgates authorities competent to decide the forcible change of corporate names or revocation of enterprise registration certificates are business registration offices where companies that have infringing names are headquartered.

Accordingly, infringing enterprises will be forced to change their names or remove infringing elements from their names, otherwise will have their enterprise registration certificates revoked.

The revocation of the enterprise registration certificate shall apply to the cases where the violating company fails to comply with the forcible change of the company’s name or the forcible removal of infringing elements from the company’s name as prescribed in the decision on the composition of administrative penalties given by the competent officials, and fails to provide explanation as regulated in Point c Clause 1 Article 209 of the Law on enterprises to the business registration office within 06 months as of the end of the deadline for sending such explanation or at written request.

The Joint Circular comes into effect on 20th May, 2016./.