Intellectual property assessment is so necessary in the course of considering for resolving infringements of intellectual property rights or resolving for disputes on intellectual property rights. The conclusion of intellectual property assessment may also affect the decisions by competent authorities. However, for many businesses and individuals in Vietnam, the intellectual property assessment is still a new concept.
Basically, the intellectual property assessment is an action of the organization or individual having the function of using professional knowledge and skills to evaluate and conclude on matters related to intellectual property rights. Based on the types of intellectual property rights, the assessment of intellectual property includes the assessment of copyright and related rights, the assessment of industrial property rights and the assessment of rights for seeds. The assessment of intellactual property has major contents such as: Defining the protection scope of intellectual property objects; Determining whether the object being considered meets the conditions for being an infringing factor of intellectual property rights; Determining whether the same, similar, confusing, distinguishing difficultly or copying between objects being considered with protected objects; Determining the value of intellectual property rights; Determining the value of damage.
Although the assessment of intellectual property is not mandatory but the assessment conclusion is one of the key evidence sources for competent authorities to handle the cases. Besides, the assessment conclusion is a clear and solid basis for the claimant to decide whether or not to proceed with a claim for infringement of his intellectual property rights. It helps you avoid making an incorrect requirement on the handling of infringements of intellectual property rights as well as to avoid infringing upon the intellectual property rights of others.