According to the National Office of Intellectual Property, intellectual property infringement of protected trademarks has been complicated. Over the past 3 years, NOIP has detected and proposed functional agencies to penalize more than 400 violators in various forms
According to the assessment of the examination agency, VITAGA Gac oil products have infringed the trademark VINAGA which has already been protected.
VINAGA and VITAGA oil products shares the same color and design. The names of the two products are almost the same as only one letter “N” is replaced with letter “T”.
These “coincidences” make it difficult for many consumers to choose gac oil products on the market, especially where both products are sold at the same time.
The biggest difference of the two types of Gac oil comes from the production entities. VINAGA Gac oil products are from Vietnam Food and Vegetable Oil Processing Company while VITAGA products are owned by High Tech USA Pharmaceutical Joint Stock Company.
Assuming that the product has been infringed, VINAGA has sent a request for examiknation to the Vietnam Intellectual Property Research Institute (Ministry of Science and Technology).
Examination results show that VITAGA products have infringed the right to trademark VINAGA which has been under protection. This also coincides with the views of representatives of the Appeal and Enforcement Department (National Office of Intellectual Property- NOIP).
According to the National Office of Intellectual Property, intellectual property infringement of protected trademarks has been complicated. Over the past 3 years, NOIP has detected and proposed functional agencies to penalize more than 400 violators in various forms.
However, legal experts said that, although this violation could have been dealt with in accordance with Criminal Code, it is extremely difficult to do so because there must be evidences showing consequences to the health of consumers when using imitated products. Meanwhile, sanctions against administrative violations are not strong enough to deter offenders, even though the highest penalty for this behavior is 500mil. VND
Since the profits earned from IP infringements are so large, many violators are willing to pay fines to exist while infringed businesses are suffering. And the most dangerous thing is that if the offending products are of poor quality, consequences would ultimately fall on consumers.
* Cochinchin Gourd Gac is commonly known as trái gấc or quả gấc (trái/quả meaning “fruit”) in Vietnamese. It is known variously as Baby Jackfruit, Spiny Bitter Gourd, Sweet Gourd, Momordica Cochinchinensis or Cochinchin Gourd in English . The yellow flesh is creamy like an avocado but a bit bitter. In Vietnam gac has been traditionally used both food and medicine.
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