Design patent infringement: BUSADCO vs. Thu Duc JSC

Ba Ria – Vung Tau Urban Sewerage and Development  Company (BUSADCO), an  100% state owned Company working for  drainage, flooding prevention and water pollution, was granted design patent No. 3-0022899-000 titled “Prefabricated waterway concrete components “ with validity term until September 8, 2020.

In March 2018 BUSADCO filed a petition for the Department of Science and Technology of Ho Chi Minh City (HCMC S&T Department) to request this authority to punish and order  Thu Duc Centrifugal Concrete Joint Stock Company (Thu Duc JSC.), located at  356A Ha Noi Highway, Phuoc Long A Ward, District 9, Ho Chi Minh City, to stop producing concret components called " Prefabricated canal building components” for installation in the SALA - Dai Quang Minh urban area on the ground that this product has a similar design to " Prefabricated waterway concrete components " being protected under BUSADCO 's  design patent No.3-0022899.

Representing Thu Duc JSC, attorneys of Pham and Associates Law Office opposed the aforementioned petition of BUSADCO proving that the set of essential shaping features of the product "Prefabricated canal building components” of Thu Duc JSC is significantly different from those of the “Prefabricated waterway concrete components “product protected under its design patent No. 3-0022899. The argument of Pham & Associates coincided with the Assessment Conclusion No.KD020-18Y/KLGD dated March 27, 2018 of the Vietnam Intellectual Property Research Institute (VIPRI) that the two designs are significantly different, as a result no infringement has occurred.

On 13/6/2018, BUSADCO has initiated a lawsuit petition to the Binh Duong Provincial Court. The case was still being reviewed by the HCMC S&T Department and there is no final conclusion. On 14/6/2018 the HCMC S&T Department issued its decision No. 1334/KL-SKHCN concluded  that Thu Duc's products did not infringe the protected patent design of BUSADCO. Also on the same day, the plaintiff BUSADCO withdrew the lawsuit petition and the court decided to suspend the case.