Protect Intellectual Property Rights

Ong Cha Va is committed to protecting the intellectual property rights that are legally protected in Vietnam, in accordance with the current intellectual property laws.

1. Definition

a. Intellectual Property Rights refer to the rights of organizations and individuals regarding intellectual assets, including copyright and related rights, industrial property rights, and rights to plant varieties.

b. Copyright is the right of organizations and individuals to the works they have created or own.

c. Related rights (hereinafter referred to as "related rights") are the rights of organizations and individuals to performances, audio and video recordings, broadcasts, encrypted satellite signals carrying programs.

d. Invention refers to a technical solution in the form of a product or process aimed at solving a specific problem by applying natural laws.

e. Industrial design refers to the external appearance of a product represented by shapes, lines, colors, or the combination of these elements.

f. Trademark is a sign used to distinguish goods and services of different organizations and individuals.

g. Trade name refers to the name of an organization or individual used in business activities to distinguish that entity from others in the same industry or business sector.

2. Intellectual Property Assets Protected by OngChaVa

a. Brand and trademarks: Protecting product names, logos, and symbols to help consumers identify and trust in the product's quality.

b. Inventions and innovations: Protecting new technologies and advanced production processes applied to products.

c. Industrial design: Protecting unique and creative packaging and product designs.

d. Trade secrets: Protecting confidential formulas and special production processes kept by the company.

3. Handling Complaints of Intellectual Property Infringement

OngChaVa only accepts and handles intellectual property rights protection requests related to suspected infringements concerning copyright, certain industrial property rights, including patents, industrial designs, trademarks (including linked trademarks, certification trademarks), and trade names. 

OngChaVa, within its functions and authority, will provide information and materials to competent state agencies when a legitimate request is received from these authorities.

4. Eligible Parties for Filing Intellectual Property Infringement Complaints

a. Parties entitled to request OngChaVa to handle suspected intellectual property infringement products include the legitimate owner of intellectual property rights, the person authorized to use these rights under the Intellectual Property Law, or the legal representative of such entities as regulated by law.

b. Proof of infringement: The rights holder must provide documentation to support the suspected intellectual property infringement.

5. Complaint Submission Procedure

The rights holder should send complete information and documentation to the email: tmdt@nosafood.com. This is the only valid channel for OngChaVa to receive such requests. Submissions through other channels may be refused depending on the circumstances.

6. Complaints That Will Be Rejected

Complaints about suspected intellectual property infringement will be rejected by OngChaVa if they fall into the following categories:

a. Intellectual property rights are under dispute, including but not limited to trademarks subject to termination or cancellation of protection, disputes between co-owners, etc.

b. Intellectual property rights not protected in Vietnam, including but not limited to patents, industrial designs, trademarks (except well-known trademarks) under assessment by the Intellectual Property Law.

c. Complaints related to violations of agency, distribution, or multi-level marketing contracts.

d. Complaints related to price control without other supporting documentation proving intellectual property infringement by the accused party.

e. Abuse of intellectual property rights complaints for unfair competition.

f. Information and documentation provided by the rights holder show signs of being counterfeit or dishonest.

g. The rights holder fails to provide complete information and documentation as required.

h. The accused party provides evidence of the origin of goods as required by law.

7. Complaint Handling Process

Handling suspected intellectual property infringement complaints will follow this process:

a. For complaints about counterfeit goods or intellectual property infringement, within 7-10 business days of receiving a valid request, and if the rights holder provides sufficient proof, OngChaVa will handle the request.

b. If the rights holder fails to provide sufficient information, within 24 hours, OngChaVa will notify and request additional documentation. Failure to do so may result in suspension or termination of the complaint handling process.

8. Review Process of OngChaVa’s Conclusions

a. The rights holder or accused party may request a review of OngChaVa’s decision regarding intellectual property infringement. This request is not valid if the party fails to provide information and documentation within the stipulated timeframe.

b. Within 7-10 business days from the review request, OngChaVa will reconsider its decision and inform the involved parties of the outcome.

9. Other Regulations

a. You agree that OngChaVa has the sole discretion in interpreting and implementing the policies stated in this document. Decisions made by OngChaVa regarding the handling of suspected intellectual property infringement cases are final, except in cases with a different conclusion by a court or competent authority.

b. OngChaVa reserves the right to amend these regulations at any time by posting updated policies on its website. Users will be informed of such changes, and continued use of the website constitutes acceptance of the revised policies.

Update posted on 30/06/2024.

This version takes effect seven (7) days after its publication.