The strong development of the Internet, besides undeniable benefits, also increases social problems, particularly cases of law violations in the provision of information on websites, electronic information pages violating intellectual property rights. The current legislation identifies violations of intellectual property related to domain names as well as solving measures are defined in Article 130 of Law on Intellectual Property 2005, Decree No. 99/2013/ND-CP dated August, 29, 2013 of the Government on sanctioning of administrative violations in the field of industrial property and Decree No. 174/2013/ND-CP dated November, 13rd, 2013 of the Government stipulating sanctions of administrative violations in the fields of post, telecommunications, information technology and radio frequency.
From this reality, Ministry of Information and Communications, Ministry of Science and Technology has agreed to build a joint circular guiding the order and procedure in changing and revoking domain names violated laws on intellectual property, on the basis of the tasks the Government assigned to the two Ministries to ensure the handling of violations.
Accordingly, the joint circular has 4 chapters with 16 articles, applies to organizations and individuals registering and using “.vn” domain names; agencies, organizations and individuals relating to the use of “.vn” domain names; authorities competent to handle administrative violations in the field of intellectual property; persons competent to sanctions of administrative violations of intellectual property in accordance with laws and domain name management agencies; registrars of “.vn” domain names.
This Circular also clearly identifies coordination mechanisms to handle administrative violations to domain names in violation of intellectual property between Ministry of Information and Communications and Ministry of Science and Technology.
Speaking at the ceremony, Deputy Minister of Information and Communications Phan Tam said this joint circular was important to ensure thoroughly management and coordination in handling violations of intellectual property related to the domain names to effectively contribute to improving the legal system and protection of intellectual property rights.
Deputy Minister Phan Tam also said that this Circular developed on the basis of the tasks assigned to Ministry of Information and Communications and Ministry of Science and Technology created preconditions for gradual improvement of the legislation on intellectual property as well as laws on telecommunications, information technology, Internet resources to meet international standards, consistent with TPP commitments.
