Managing and protecting intellectual property has become increasingly complex for global companies, which often have huge IP portfolios and operations in multiple jurisdictions with varied IP laws and levels of enforcement. Rapid technological advancements have enabled infringers to become more sophisticated, and the rise of intellectual property as a main driver of mergers and acquisitions has made developing strategies to protect these assets even more important.
With expertise in the luxury and fashion, fast moving consumer goods, technology, media and entertainment, manufacturing and healthcare industries, we advise clients on brand management, brand enforcement, copyright, IP litigation, trade secrets, IP transactions, IP advisory. Based on our long experience in the field, we approach IP management as a strategic issue and have developed the people, processes and technologies to serve our clients.
We always wish to bring about all-sided perspectives to have a good property management including:
Overall IP portfolio asset management
- Brand protection strategies, brand enforcement, brand development search and clearance
- Comparative advertising
- Counseling on establishing, protecting, and capitalising on non-registrable IPR
- Exploitation rights, regionally and globally
- Anti-counterfeiting and other enforcement programs
- Internet IPR disputes: domain names, cybersquatting, linking, framing, wall papering, mousetrapping, metatags and keyword programmes
- IP audits
- IP due diligence
- Licensing, franchising and other transactional intellectual property
- Registration strategies for trademarks, patents and designs
- Search and investigation reports, developing global and filing strategies
- Technical assistance and technology transfer agreements; trade practices and unfair competition law
- Value added advice on valuation, technical assessment, licensing, royalty recovery, tax strategies
Entertainment & media
- Endorsements and sponsorships
- Management representation agreements
- Merchandising and publishing licences
Music & theatre
- Record distribution agreements
- Talent engagements agreements
- Tax and financing
Technology & telecommunications
- Competition & regulatory
- Information technology procurement & regulatory
- Telecommunications infrastructure
Administrative enforcement in Vietnam
- Work with competent to provide solutions to IP enforcement
- Manage unfair competition/passing off successes in different product areas and industries
Border enforcement in Vietnam
- Use of import and export intelligence
- Assist clients in recordal of rights with Customs in Vietnam
- Liaise with Customs and alerts of counterfeits in Vietnam
- Assist clients to confirm detained goods are counterfeits in Vietnam
Civil prosecutions in Vietnam
- Assist in pre-trial investigations in Vietnam
- Obtaining injunctions and interim measures to preserve assets from moving out of the jurisdictions
- Advice on forum shopping
- Coordinate with attorneys in different jurisdictions to pursue civil prosecutions and obtaining injunctions against infringers on a global scale
- Thorough legal procedures and investigations to trace the sources of infringement worldwide
1/ Ministry of Industry and Trade has just issued Circular No. 21/2020/TT-BCT dated September 09th, 2020 regulating the procedure of granting license for electricity activities
Circular No. 21/2020/TT-BCT regulating the order and procedures for granting of electricity activities license, the duration of electricity activities license in the fields of work design consultancy, power generation, electricity distribution, electricity wholesaling and electricity retail. According to this Circular, the following cases shall be exmepted from electricity activities license:
- The generation of electricity is for the purpose of self-consuming without selling electricity to any other organizations or individuals;
- The generation of electricity with an installed capacity of not exceeding 01 MW to sell to other organizations or individuals;
- Electricity traders in rural, mountainous or island regions purchase electricity with a capacity of not exceeding 50 kVA from electricity distributors for supplying electricity directly to consumers in such rural, mountainous or island regions;
- Electricity activities are performed to serve the national electrical load dispatch and management of electricity market.
For cases requiring electricity activity licenses, the maximum validity in the electricity activity licenses is prescribed as follows:
|1||Electricity consultancy||05 years|
|a)||Power plants that are on the list of large-scale power plants which have special importance in socio-economic, national defense and security aspects approved by the Prime Minister||20 years|
|b)||Power plants that are not on the list of large-scale power plants which have special importance in socio-economic, national defense and security aspects approved by the Prime Minister||10 years|
|3||Electricity transmission||20 years|
|4||Electricity distribution||10 years|
|5||Electricity wholesaling, electricity retailing||10 years|
Power to issue electricity activities license:
- The Ministry of Industry and Trade shall issue the electricity operating license intended for electricity transmission and generation by large-scale power plants on the list of large-scale power plants of critical importance in respect of society, economy, national defense and security approved by the Prime Minister;
- The Electricity Regulatory Authority shall issue the electricity operating license intended for electricity distribution, electricity wholesaling, electricity retail, electrical consulting services and electricity generation by power plants with a capacity of at least 03 MW other than those are issued by the Ministry of Industry and Trade;
- Provincial-level People’s Committee shall issue and revoke or authorize the Department of Industry and Trade of that province to issue electricity licenses in the following sectors:
- Electricity generation by a power plant that has a capacity of less than 03 MW and is located in the province;
- Electricity distribution with a voltage up to 35 kV in the province;
- Electricity retailing with a voltage up to 0.4 kV in the province;
- Electrical consulting services, including: (i) Consulting services provided by an enterprise of which the registration is made at the province on the investment and construction of transmission lines and electrical substations with a voltage up to 35 kV; and (ii) Consulting services provided by an enterprise of which the registration is made at the province on the supervision of construction of transmission lines and electrical substations with a voltage up to 35 kV.
Circular No. 21/2020/TT-BCT comes into effect on October 26th, 2020.
2/ The Government agreed with the proposal of the Ministry of Natural Resources and Environment to resolve difficulties for production and business in the context of the Covid-19 pandemic
Resolution No.129/NQ-NP dated September 11th, 2020, the Government agreed with the proposal of the Ministry of Natural Resources and Environment and the Government Office on solving difficulties for production and business in the context of pandemic Covid-19. The details are as follow:
- To permit extending the time of completion of the installation of automatic and continuous wastewater and gas monitoring systems specified in Clauses 20 and 23, Article 3 of Decree No. 40/2019/ND-CP until December 31st, 2021.
- To permit extending the validity of the License for hazardous waste treatment (issued by the Ministry of Natural Resources and Environment to the enterprise) in the cases specified in Clause 39, Article 3 of Decree No. 40/2019/ND-CP to December 31st, 2021, and at the same time not required to repeat the approved environmental impact assessment (EIA) report if the location is not changed or capacity is not increased in accordance with Article 20 of the Law on Environment Protection 2014.
- To permit extending the validity of the Certification of eligibility for environmental protection in import of scrap for use as raw production materials in the cases specified in Clause 39, Article 3 of Decree No. 40/2019/ND-CP to December 31st, 2021, and at the same time not required to repeat the EIA report if the location is not changed or capacity is not increased in accordance with Article 20 of the Law on Environment Protection 2014.
The Ministry of Natural Resources and Environment is responsible for the implementation.
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[Legal Updates] Updating some new supplements on investment registration regulations under Law on Investment 2020admin
1/ Ministry of Construction has just issued an official letter No. 4308/BXD-HĐXD on management the investment and construction of condotel, officetel, resort villas, shophouse projects
In recent years, to meet the needs of the real estate market, new types of real estate such as accommodation/tourism apartments, offices combined with accommodation, resort/tourism villas, and shophouses have arisen. Along with the management of construction investment in accordance with the current law, new legal regulations are also being completed by ministries to adjust the specific factors of these new real estate types, specifically:
- The Ministry of Culture, Sports and Tourism issued Decision No.3720/QD-BVHTTDL dated October 28, 2019, promulgating the Regulation on management and business of tourist apartments and tourist villas.
- The Ministry of Natural Resources and Environment has issued document No.703/BTNMT-TCQLĐĐ dated February 14, 2020, guiding the land use regime and certification of non-housing ownership.
- The Ministry of Construction has issued document No.276/BXD-QLN dated January 20, 2020, to the People’s Committees of centrally-affiliated cities and provinces on the management of investment, construction, and trading of tourist apartments and villas travel; proposing the implementation of investment and construction management, issuance of a certificate of land use rights, ownership of houses and land-attached assets in accordance with current law, ensuring compliance with the plan, which the state agencies have approved and cautiously consider the conversion of functions and purposes of commercial and service works into housing. In addition, the Ministry of Construction has also issued national technical regulations for each of these types of real estate. Furthermore, the Ministry of Construction has also drafted for the Ministry of Science and Technology to announce national standards to propose general design requirements for these types of constructions.
However, in the process of investing, constructing, and operating the real estate projects mentioned above, there are still several issues that still exist and have not been effectively resolved, for instance: construction planning projects have been identified the function of accommodation but have not been calculated specific population; shortcomings, problems in the operation, management and use of the building with many owners, users, operation and exploitation; granting ownership papers, converting the functions, using purposes.
To improve state management efficiency and overcome outstanding problems, the Ministry of Construction requested the People’s Committees of provinces and centrally-run cities to direct in construction management and implementation of administrative procedures of the above real estate project, which should consider the following contents:
(i) When evaluating and approving the subdivision planning, detailed construction planning, it is necessary to ensure compliance with the current system of standards and technical regulations, clarify the size of the construction floor area, the number of bases, population target.
(ii) When deciding on the investment policy, it is necessary to ensure the consistency of the investment purpose, land use purpose with the function of the work, and the actual situation in the locality.
(iii) Consider the issuance of new legal procedures to permit construction investment (approval of planning, the decision on the policy of investment projects).
(iv) When carrying out project appraisal, construction design, construction licensing, and checking and acceptance; it is necessary to carefully check and review legal bases on construction planning, investment policy, evaluating the compliance with the system of technical standards and regulations, especially newly issued standards and techniques. Contacting local state authorities on construction for population information. Notifying the results of appraisal and inspection of the pre-acceptance test to the state management agencies in charge of local construction for management during project implementation.
2/ Updating some new supplements on investment registration regulations under Law on Investment 2020
(i) At Clause 1 Article 22 Investment Law 2020 stipulates foreign investors are not required to apply for an investment registration certificate in case of establishment of a small and medium-sized innovative startup and investment fund creative industry under the provisions of the law on supporting small and medium-sized enterprises.
The creative startup medium and small enterprises: According to regulation at clause 2 article 3 Law on assistance for small and medium-sized enterprises 2017, The creative startup medium and small enterprises are SMEs that is established to implement its business ideas based on the exploitation of intellectual property, technology and new business models and is able to grow quickly. Accordingly, to become a creative startup medium and small enterprises have to fulfil the conditions:
- Be SMEs. According to regulations at Article 4 law provision of assistance for small and medium-sized enterprises 201, An SME is either a micro-enterprise, small enterprise or medium-sized enterprise having the annual average number of employees who participate in social insurance is not greater than 200 and satisfying one of the following criteria:
- The total capital is not greater than 100 billion dong;
- The enterprise’s revenue of the previous year is not greater than 300 billion dong.
- Enterprises established to express ideas on the basis of exploiting new intellectual property, technology, and business models;
- Capable of rapid growth.
Creative startup fund: According to regulation clause 2 article 2 Decree 38/2018/ND-CP Creative startup fund is funded that established from private investor capital to carry out creative startup investment. The investment in the establishment of a creative startup investment fund can be referred to the provisions of Decree 38/2018 / ND-CP dated March 11, 2018, detailing investment for small and medium-sized enterprises creative startup.
(ii) Making investment by contributing capital, purchasing shares or purchasing capital contributions
Law on Investment 2014 generally stipulates that Investors shall carry out the procedures for registration of capital contribution, share purchasing or capital contributions purchasing when contributing capital, purchasing shares or purchasing capital contributions to economic organizations operating in business line with conditions applied to foreign investors or contributing capital, purchasing shares or purchasing capital contributions leads to foreign investors holding 51% or more of the charter capital of economic organizations.
Law on Investment 2020 stipulates more specifically cases that foreign investors carry out the procedures for registration of capital contribution, share purchasing or capital contributions purchasing when:
- The capital contribution or purchase of shares or stakes increases the ownership ratio by foreign investors in a business entity conducting business in the business lines allowed in the market with conditions applied to foreign investors; or
- The capital contribution or purchase of shares or stakes results in a foreign investor or business entity specified in Points a, b and c Clause 1 Article 23 of this Law holding over 50% of the charter capital of the economic organization in the following cases: The charter capital ownership ratio by the foreign investor is increased from less than or equal to 50% to over 50%; the charter capital ownership by the foreign investor is increased while such foreign investor is holding over 50% of the charter capital of the business entity; or
- The foreign investor that contributes capital, purchases shares or stakes of a business entity has a certificate of rights to use land on an island or in a border or coastal commune; in a coastal commune; in another area that affects national defence and security.
Currently, Law on Investment 2020 is becoming effective soon (January 01, 2021), so, to carry out the procedures for registration of capital contribution, share purchasing or capital contributions purchasing to economic organizations, foreign investors need Decrees with specific guidances and forms.
Download Legal Updates as a PDF here.
[News] Apolat Legal officially became a member of the International Association for the Protection of Intellectual Propertyadmin
In August 2020, Apolat Legal officially became a member of the International Association for the Protection of Intellectual Property (AIPPI).
AIPPI is the world’s leading non-profit association dedicated to the development and improvement of laws for the protection of intellectual property. It is a non-profit organization based in Switzerland with around 9000 members worldwide from more than 125 countries.
In Vietnam, the group has operated under the auspices of the Vietnam Intellectual Property Association in many IP-related activities such as training, consultation and criticism, domestic and international cooperation.
One of the most important activities of AIPPI in Vietnam is to focus on assisting the enterprises in building and developing intellectual property assets which is also an purpose that Apolat Legal aims at.
[Legal Updates] The General Department of Custom has issued the new guidance on import tax for solar energy projectsadmin
1| The General Department of Custom has issued new guidance on import tax for solar energy projects
On August 20th, 2020, The General Department of Vietnam Customs has issued Official Dispatch No.5533/TCHQ-TXNK on import tax of solar energy projects.
Through the process of reviewing import tax administration for renewable energy (solar energy) projects, the General Department of Customs has the following comments:
- Pursuant to Article 16 of the Law on Import and Export Taxes and Article 14 of Decree 134/2016/ND-CP, imported goods to create fixed assets of the beneficiaries of investment incentives include:
Devices; components, details, detachable parts, spare parts for synchronous assembly or synchronous use with machinery or equipment; raw materials and supplies used to manufacture machinery and equipment.
Specialized means of transport in the technological line used directly for the project’s production activities. Criteria for determination comply with the regulations of the Ministry of Science and Technology.
Construction materials cannot be produced domestically. The bases for determination comply with the regulations of the Ministry of Planning and Investment in Circular 01/2018/TT-BKHDT; the criteria for determining special-use means of transport in technological lines which are directly used for production activities of projects shall comply with the Ministry of Science and Technology’s regulations.
- The development of power plants belongs to sectors and trades subject to investment incentives according to Point 3, Section III, Part A, Appendix I, issued together with the Government’s Decree No.118/2015/ND-CP, therefore, shall enjoy the incentives accordingly.
- The item “Photovoltaic panels”, “Photovoltaic panel racking system” and “Photovoltaic panel mounting bracket” are domestically produced products pursuant to Circular No.01/2018/TT-BKHDT dated March 30th, 2018 of the Ministry of Planning and Investment promulgating the list of machinery, equipment, spare parts, specialized means of transport, domestically produced use, raw materials, supplies and semi-finished products, and based on the opinion of the Ministry of Planning and Investment in Official Dispatch No. 2119/BKHDT-KTCN dated April 3rd, 2019 and Official Dispatch No.4456/BKHDT-KTCN dated July 1st, 2019.
From the above facilities, the General Department of Customs requires the Customs Departments of provinces and cities to apply tax policies on goods imported for renewable energy projects (solar power) during the implementation process of import tax exemption.
2| Updating some changes of Intellectual Property Department on handling trademark registration dossiers
At this moment, the National Office of Intellectual Property of Vietnam has some notable changes in the procedure of handling trademark application as follows:
- Before the transfer, the owner of a Protection Title (PT) changed the name/address, but there is no request to record the change on PT.
Previously, during the appraisal, the NOIP did not require the owner of the PT to submit a request for name/address amendment, but only needed the applicant to submit complete legal documents proving that the owner of the trafficking changed the name/address.
However, according to the new decision of the NOIP’s leaders, amending the PT is a procedure specified in Circular 01/2007/TT-BKHCN. The lack of request an applicant to submit a request for PT amendment when the owner has changed the name/address is a shortcut, ignoring an administrative procedure prescribed by law, resulting in a loss of fees/charges submitted to the State. Therefore, when the owner of the PT has a change the name/address, it is imperative to file a request for the PT amendment. The transfer application will be further processed when the request for the PT amendment is recorded.
- The transferor assigns to the recipient more than a PT and in the List of PT transferred, the name/address of the owners of the PT are inconsistent (due to many changes).
According to the old method, during the appraisal, the NOIP requires the owner of the PT to carry out the procedure to change the name/address to consist on the PT or separate the PT with the same name/address into a new application. In the case of separation an application, the separated application only has to pay the fee for publication of the Transfer Decision, while other fees will be transferred from the original application. A photocopy of the original assignment form should be made to show the fees/charges paid has been transferred.
According to the new decision, the NOIP requested the owner of the PT to proceed with the procedure for PT amendment in order to the name/address on the PT are consist, before performing the transfer procedures.
- In case of change the PT’s owner from the establishment, a business household, a private enterprise to an individual who is the representative of the establishment, business household, or owner of a private enterprise, it is required to carry out the transfer procedures of PT because these are two independent actors that cannot perform the PT amendment. If the transferor is the establishment or the business household, there must be additional documents of the members of the establishment or business household agreeing to the representative to sign the transfer contract.
Download Legal Updates as a PDF here.
Trademark is defined as any sign used to distinguish goods or services of different organizations or individuals.
The following signs shall be ineligible for protection as marks:
- Signs identical with or confusingly similar to national flags or national emblems.
- Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.
- Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.
- Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.
- Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.
“First to file principle” is applied to cope with cases in which there are more than one protection registration application for the same or similar subject matter of industrial property rights. This principle is prescribed particularly at Article 90 of Law on Intellectual Property to protect the rights and interests of the earlier applicant with the same subject matter of industrial property rights. To be more detailed:
- In case many applications are filed for registration of the same patents or similar patents, or for registration of industrial designs identical with or insignificantly different from another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of protection title.
- In case there are many applications filed by different persons for registration of identical or confusingly similar marks for identical or similar products or services, or in case there are many applications filed by the same person for registration of identical marks for identical products or services, the protection title may only be granted for the mark in the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
- In case there are many registration applications specified in Clauses 1 and 2 of this Article and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.
A certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date and may be renewed for many consecutive terms, each of ten (10) years.
The following acts, if performed without the permission of mark owners, shall be deemed to be infringements of the right to a mark:
(a) Using signs identical with protected marks for goods or services identical with goods or services on the list registered together with such mark;
(b) Using signs identical with protected marks for goods or services similar or related to those goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;
(c) Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;
(d) Using signs identical with, or similar to, well known marks, or signs in the form of translations or transcriptions of well-known marks for any goods or services, including those not identical with, dissimilar or unrelated to goods or services on the lists of those bearing well known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impressions as to the relationship between users of such signs and well known mark owner
The validity of a protection title shall be terminated in the following cases:
- The owner fails to pay the stipulated validity maintenance or extension fee;
- The owner declares relinquishment of the industrial property rights;
- The owner no longer exists, or the owner of a certificate of registered mark is no longer engaged in business activities and does not have a lawful heir;
- The mark has not been used by its owner or the licensee of the owner without justifiable reason for five (5) consecutive years prior to a request for termination of validity, except where use is commenced or resumed at least three (3) months before the request for termination;
- The owner of a certificate of registered collective mark fails to supervise or ineffectively supervises the implementation of the regulations on use of the collective mark;
- The owner of a certificate of registered certification mark violates the regulations on use of the certification mark or fails to supervise or ineffectively supervises the implementation of such regulations;
A protection title shall be entirely invalidated in the following cases:
(a) The applicant for registration has neither had nor been assigned the right to register the invention, industrial design, layout design or mark;
(b) The industrial property object failed to satisfy the protection conditions at the time the protection title was granted.
A protection title shall be partly invalidated as to the part which failed to satisfy the protection conditions.
In accordance with the Law on Intellectual Property, trademarks are classified into four groups:
Collective trademark means a mark used to distinguish goods or services of members from those of non-members of an organization which is the owner of such mark.
Certification trademark means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
Integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
Well-known mark means a mark widely known by consumers throughout the Vietnamese territory.
A mark shall be deemed to be distinctive if it consists of one or more easily noticeable and memorable elements, or of many elements forming an easily noticeable and memorable combination, and does not fall into the cases stipulated in clause 2 of Article 74 Law on Intellectual Property.
In accordance with Law on Intellectual Property, the entities having the right to register marks include:
– Organizations and individuals shall have the right to register marks to be used for goods such organizations or individuals produce or for services such organizations or individuals provide.
– Any organizations or individuals lawfully engaged in commercial activities shall have the right to register a mark for a product which the latter puts onto the market but which was manufactured by others, provided that the manufacturer does not use such mark for a product and does not object to such registration.
– Lawfully established collective organizations shall have the right to register collective marks to be used by the members of the collective organization pursuant to the regulations of the collective organization on use of collective marks. For signs indicating geographical origins of goods or services, an organization with the right to register means a local collective organization of [other] organizations or individuals engaged in production or trading in the relevant locality.
– Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that such organizations are not engaged in production or trading of such goods or services.
– Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:
(a) Such mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;
(b) The use of such mark does not cause confusion to consumers as to the origin of goods or services.
The processing of mark registration in Vietnam shall be conducted within the timelines mentioned below:
- Formal examination: An application for registration of industrial property shall have its form examined within one (01) month from the filing date. The purpose of this stage is to examine compliance with regulations related to the form of the registration application then evaluate whether this application is valid or not.
- Publication of application: An application for the mark registration shall be published within two (02) months as from the date such application is accepted as being valid. Subsequently, these applications shall be published in the Official Gazette of Industrial Property.
- Substantive examination: nine (09) months from the date of publication of the application with the purpose of evaluating of the eligibility for grant of protection titles for subject matter stated in such applications under protection conditions and for determination of the respective scope of protection.
In accordance with Clause 1 Article 123 Law on Intellectual Property, rights of owners of marks includes:
- To use or authorize others to use industrial property objects according to the provisions of Law on Intellectual Property.
Use of a mark means the performance of the following acts:
(a) Affixing the protected mark on goods, goods packages, business facilities, means of service provision or transaction documents in business activities;
(b) Circulating, offering, advertising for sale or stocking for sale goods bearing the protected mark;
(c) Importing goods or services bearing the protected mark.
- To prevent others from using industrial property objects according to the provisions of Article 125 of this Law;
- To dispose of industrial property objects according to the provisions of Chapter X of this Law.
An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights of such holder:
(a) To apply technological measures to prevent acts of infringement of its intellectual property rights;
(b) To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;
(c) To request the competent State body to deal with acts of infringement of its intellectual property rights in accordance with the provisions of this Law and other relevant laws;
(d) To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.