Joint Circular No. 14/2016/TTLT-BTTTT-BKHCN guiding the procedures and formalities for changing or revoking domain names violating intellectual property laws

JOINT CIRCULAR

Guidelines on the procedures for changing and revoking domain names that violate intellectual property laws

Pursuant to Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government on administrative penalties for violations in the field of industrial property;

Pursuant to Decree No. 72/2013/ND-CP dated November 15, 2013 of the Government on management, provision, and use of Internet services and information on networks; 7 Pursuant to Decree No. 174/2013/ND-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the fields of postal services, telecommunications, information technology, and radio frequencies;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

The Minister of Information and Communications and the Minister of Science and Technology issue this Joint Circular guiding the procedures for changing and revoking domain names that violate intellectual property laws.

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

This Joint Circular guides the procedures for changing, returning, and revoking domain names that violate intellectual property laws.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Organizations and individuals registering and using the ".vn" domain name (hereinafter referred to as the ".vn" domain name user) commit acts violating intellectual property laws.

Article 2. Applicability

This Joint Circular shall apply to:

2. Relevant agencies, organizations, and individuals related to the use of the ".vn" domain name.

3. Agencies with authority to handle administrative violations, agencies of persons authorized to impose administrative penalties (hereinafter referred to as the agency with authority to handle violations); persons authorized to impose administrative penalties according to the law.

4. Domain name ".vn" management agency (Vietnam Internet Network Information Center - Ministry of Information and Communications); ".vn" domain name registrar.

1. Changing information of the ".vn" domain name: Is the removal of elements violating intellectual property law posted on the accompanying website.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

2. Returning the ".vn" domain name: Is the act of the domain name holder returning the ".vn" domain name to the domain name management agency according to the procedures and regulations stipulated in Article 10 of Circular No. 24/2015/TT-BTTTT dated August 18, 2015 of the Ministry of Information and Communications on the management and use of Internet resources.

3. Revoking the ".vn" domain name: Is the deletion and confiscation of the ".vn" domain name from the national domain name server system.

1. Determining the act of registering and using the ".vn" domain name that violates intellectual property laws and applying measures to compel changes to domain name information, compel return of the domain name, and revoke the ".vn" domain name shall be carried out according to the provisions of intellectual property, information technology, and telecommunications laws, by the agency with authority to handle violations or persons authorized to impose administrative penalties in the field of intellectual property concluding or deciding.

Article 4. General Principles

2. Measures to compel changes to domain name information, compel return of the domain name, and revoke the ".vn" domain name that violate intellectual property laws shall be considered and applied in the following cases:

a) The domain name is identical or similar enough to cause confusion with protected intellectual property objects and the content posted on the accompanying website violates intellectual property laws.

b) The domain name is used to post contents that violate intellectual property laws.

b) Domain name used to publish information contents violating intellectual property laws.

Article 5. Measures to remedy consequences of being ordered to change domain name “.vn” information

The competent authority for administrative violation penalties shall apply measures to remedy consequences of being ordered to change domain name information where the accompanying website with the domain name contains posted information that violates intellectual property laws, such as advertising, product introduction, offering goods or services that are identical, similar, or related, causing damage to the reputation, fame, or material interests of the trademark, trade name, or geographical indication holder who is protected.

Article 6. Measures to remedy consequences of being ordered to return domain name “.vn”

The competent authority for administrative violation penalties shall apply measures to order the return of domain name “.vn” where the subject using the domain name “.vn” commits acts that violate intellectual property laws, meeting all of the following contents:

1. The domain name “.vn” is identical or similar enough to cause confusion with a trademark, trade name, or geographical indication that is protected, and the trademark, trade name, or geographical indication holder is a person with legitimate rights or interests.

2. The subject using the domain name “.vn” does not have legitimate rights or interests in the protected trademark, trade name, or geographical indication.

3. The content of the accompanying website with the domain name “.vn” contains advertising, product introduction, offering goods or services that are identical, similar, or related, causing damage to the reputation, fame, or material interests of the trademark, trade name, or geographical indication holder; or contains defamatory information about the products, goods, or services corresponding to the trademark, trade name, or geographical indication holder.

Article 7. Measures to revoke domain name “.vn”

1. The competent authority for handling violations shall apply measures to revoke domain name “.vn” in the following cases:

a) The subject using the domain name “.vn” violates intellectual property laws and does not implement remedial measures of changing domain name “.vn” information or returning the domain name “.vn” according to the administrative penalty decision in the field of intellectual property within thirty days from the date the administrative penalty decision takes effect.

b) The subject using the domain name “.vn” does not implement blocking or removing information that violates intellectual property laws on the accompanying website with the domain name “.vn” as required by the competent state agency.

2. The application of measures to revoke domain name “.vn” and the request for the domain name management agency to perform technical operations related to the domain name “.vn” on the national domain name server system shall be clearly stated in the administrative penalty decision.

Chapter II

PROCEDURES FOR CHANGING DOMAIN NAME INFORMATION, RETURNING DOMAIN NAME AND REVOKING DOMAIN NAME “.VN” RETURNING AND WITHDRAWING ".VN" DOMAIN NAME

Article 8. Procedures for changing domain name “.vn” information

1. In cases where the administrative penalty decision applies remedial measures of being ordered to change domain name “.vn” information, the competent authority for handling violations shall send the administrative penalty decision to the relevant parties and the domain name management agency, the domain name registrar managing the domain name for their knowledge and coordination.

2. Within thirty days from the date the administrative penalty decision takes effect, the subject using the domain name “.vn” who has violated the law shall be responsible for removing the content of the posted information that violates the law on the accompanying website with the domain name and submitting a written report to the decision maker, the domain name management agency “.vn” and the domain name registrar managing the domain name.

Article 9. Procedures for Returning the ".vn" Domain Name

1. In cases where the administrative violation penalty decision applies the remedial measure of being ordered to return the ".vn" domain name, the competent authority handling the violation shall send the administrative violation penalty decision to the relevant parties and the ".vn" domain name management agency, and the ".vn" domain name registrar managing the domain name for their knowledge and coordination.

2. Within thirty days from the date the administrative violation penalty decision becomes effective, the subject using the ".vn" domain name must complete the procedures for returning the ".vn" domain name at the ".vn" domain name registrar managing the domain name. The procedures for returning the domain name shall be carried out in accordance with Article 10 of Circular No. 24/2015/TT-BTTTT dated August 18, 2015, issued by the Ministry of Information and Communications on the management and use of Internet resources.

3. Within three working days from the date the subject using the ".vn" domain name completes the procedures for returning the domain name, the ".vn" domain name registrar managing the domain name shall have the responsibility to send a notification letter to the person issuing the penalty decision, the competent authority handling the violation, and the ".vn" domain name management agency regarding the return of the domain name.

Article 10. Procedures for Revoking the ".vn" Domain Name

1. Within five working days from the expiration date of the remedial measure period specified in Point a, Clause 1, Article 7 of this Circular, the competent authority handling the violation shall send a document requesting the ".vn" domain name management agency to revoke the ".vn" domain name mentioned in the administrative violation penalty decision.

2. For cases required to revoke the ".vn" domain name as stipulated in Point b, Clause 1, Article 7 of this Circular, the competent authority handling the violation shall send a document requesting the ".vn" domain name management agency to revoke (confiscate) the ".vn" domain name mentioned in the administrative violation penalty decision.

3. Upon receiving the document requesting the revocation of the domain name from the competent authority handling the violation, the ".vn" domain name management agency shall carry out related technical operations concerning the ".vn" domain name on the national domain name server system to revoke the domain name within three working days from the date of receipt of the document and send a notification letter of the result to the administrative violation handling authority and the ".vn" domain name registrar involved.

Chapter III

RESPONSIBILITIES FOR COOPERATION IN HANDLING VIOLATIONS OF THE ".VN" DOMAIN NAME UNDER INTELLECTUAL PROPERTY LAW

Article 11. Cooperation in Handling Violations

During the process of handling violations, the competent authority handling the violation shall consider and send a document requesting the Ministry of Information and Communications (the ".vn" domain name management agency) to cooperate and provide professional opinions before the authorized person issuing the administrative violation penalty decision that applies remedial measures of changing domain name information or ordering the return of the ".vn" domain name. The authorized person issuing the administrative violation penalty decision shall issue the decision and bear legal responsibility for their decision.

Article 12. Responsibilities of the ".vn" Domain Name Management Agency

1. Provide written opinions on matters within the jurisdiction of the Ministry of Information and Communications within seven working days from the date of receipt of the request for cooperation from the competent authority handling the violation as stipulated in Article 11 of this Circular.

2. Implement related technical operations concerning the ".vn" domain name to carry out the revocation of the domain name according to the requirements of the competent authority handling intellectual property rights violations as stipulated in Article 10 of this Circular.

3. Send a notification letter to the registrar currently managing the domain name to implement the technical operations for revoking the ".vn" domain name within three working days from the date of receipt of the document requesting the revocation from the competent authority handling intellectual property rights violations.

Article 13. Responsibilities of the competent authority to handle violations

1. Coordinate and send a document requesting the Ministry of Information and Communications (the domain name ".vn" management agency) to provide professional opinions in accordance with Article 11 of this Circular.

2. Send a document requiring the domain name ".vn" management agency to implement measures to enforce administrative penalty decisions concerning domain names ".vn" in accordance with Article 10 of this Circular.

Article 14. Responsibilities of the domain name ".vn" registrar managing the domain name

1. Send a notice to recover the domain name to the subject using the domain name ".vn" who has violated intellectual property laws regarding the recovery of the domain name ".vn" within three working days from the date of receipt of the notification document from the domain name ".vn" management agency about the recovery of the domain name.

2. Carry out the procedures to recover the domain name ".vn" and send a report document to the domain name ".vn" management agency within three working days from the completion of the domain name recovery.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from July 25, 2016.

Article 16. Implementation Organization

1. Heads of units under the Ministry of Information and Communications, the Ministry of Science and Technology, heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation.

2. The Inspectorate of the Ministry of Information and Communications and the Inspectorate of the Ministry of Science and Technology shall be responsible for disseminating and guiding procedures for the Inspectorates of Provincial Departments of Information and Communications and Science and Technology to implement this Circular.

3. In the course of implementation, if there are difficulties or obstacles, the relevant ministries and localities are requested to report to the Ministry of Information and Communications and the Ministry of Science and Technology for research and resolution.

Place of Receipt:

- Central Party Committee Secretariat;

- Prime Minister, Deputy Prime Ministers;

- Central Party Office and Party Committees;

- Office of the General Secretary;

- National Assembly's Office;

- President's Office;

- Government Office;

- Supreme People's Court;

- Supreme People's Procuracy;

- Ministries, ministerial-level agencies, and agencies under the Government;

- Provincial People's Councils, Provincial People's Committees;

- Provincial Departments of Information and Communications, Science and Technology;

- Department of Legal Normative Documents Inspection (Ministry of Justice);

- Official Gazette;

- Official Website Portal: Government, Ministry of Information and Communications, Ministry of Science and Technology;

- Ministry of Information and Communications, Ministry of Science and Technology: Ministers and Deputy Ministers, units under the Ministry;

- To be filed: Ministry of Information and Communications (VT, VNNIC), Ministry of Science and Technology (VT, ITra).