Complaints Regarding Intellectual Property Rights Terms ("IPR Complaint Terms") issued by Vi Na Data Information Technology - Services Joint Stock Company ("GreenNode") in order to protect the intellectual property rights ("IP") of the organization(s) and individuals and promptly prevent acts of using services provided by GreenNode to infringe the IP rights of any party.

IPR rights specified in this provision are understood as the rights of the organizations and individuals to intellectual property, including copyright and copyright-related rights, industrial property rights and rights to varieties plants under the 2005 Intellectual Property Law as amended and supplemented in 2022 and guiding documents ("IP Law").

These IPR Complaint Terms are effective from the date of posting on GreenNode's website and may be adjusted and updated from time to time.

NOTICE OF COMPLAINT

  • Business information or personal information of the Plaintiff and supporting documents, specifically:
    • For businesses: business name, business code, head office address, contact information (phone number, email, address) and attach the Certificate of Business Registration or other valid documents equivalent.
    • For individuals: full name, phone number, contact address and attach ID card or Passport.

  • Documents proving that the Plaintiff is the owner of the IP right or the organization or individual that the owner has transferred the IP right (the "IPR Holder") in accordance with the provisions of IP law and relevant regulations.

    In case the Plaintiff is the authorized representative of the IPR Holder, in addition to the above document proving the IPR Holder, the Plaintiff must provide a legal, valid authorization document that is recognized and used in Vietnam.

  • The written analysis/evidence of the Defendant's act of infringing IPR rights and documents and artifacts that are evidence to prove that the Defendant has committed an act of infringing IP rights in accordance with the provisions of IP law.

  • Originals of the above documents must be sent to:

    Vi Na Data Information Technology - Service Joint Stock Company

    Address: Lot S38B-39-40, Street No. 19, Tan Thuan Export Processing Zone, Tan Thuan Dong Ward, District 7, City. Ho Chi Minh, Vietnam

    Phone number: 1900 1549 - Key #3

  • The information and documents You have provided under this Article are for the purpose of resolving Your Complaint and GreenNode is only an intermediary. Therefore, the fact that You send the Notice of Complaint with documents to GreenNode also means that You agree to allow GreenNode to have the right to provide, share and transfer the information and documents that You have provided to Defendant and/or the relevant third party to resolve Your complaint.

RECEIVING AND HANDLING COMPLAINTS FROM GREENNODE

  • Time to confirm receipt of complaints: GreenNode will receive complaints since receiving the original documents mentioned in Article 1 above. GreenNode will send a confirmation of complaint receipt to the email you provided.

    If the documents you provide are not legal, invalid or incomplete, GreenNode will ask you to supplement, complete the profile or provide more information. In case You do not respond or provide information as requested by GreenNode, the complaint settlement will be terminated.

  • If the documents you provide are legal, valid and complete, GreenNode will forward the complaint information and documents you provide to the Defendant to get Defendant's feedback. In case Defendant has feedback, GreenNode will send that feedback to You for You to have your opinion and choose the appropriate handling method. In case You continue to want to respond to Defendant through GreenNode, GreenNode is ready to act as an intermediary to relay information between the parties in accordance with this Article.

CUSTOMER RESPONSIBILITIES

  • GreenNode always values the relationship and wishes to have long-term cooperation with customers, but compliance with the law still needs to be a top priority. Therefore, GreenNode is eager to cooperate with the parties to resolve complaints and contribute to the protection of the IP Rights of organizations and individuals.

    Therefore, in the event that Customer is the Defendant under these IPR Complaint Terms and Customer receives a written warning and request for information from GreenNode, Customer is responsible for responding and providing information to GreenNode within 24 hours of receiving a request from GreenNode via the email registered by the Customer.

  • In case the Customer fails to fulfill the request to provide information within the time limit specified in Article 3.1, GreenNode will apply the provisions of the Service Term Agreement and GreenNode's policies from time to time to handling, which includes discontinuing the provision of services to the Customer.

GREENNODE'S ANTI-ABUSE AND DISCLAIMER TERMS

  • Plaintiff's responsibilities in case of abuse of the complaint procedure:

    Plaintiff agrees that the abuse of this complaint procedure may affect the legitimate rights and interests of GreenNode, Defendant and/or any other third party.

    Therefore, if You abuse IP Rights protection procedures and cause damage to GreenNode and/or any other third party, You must indemnify GreenNode, Defendant and any other third party for all damages caused to GreenNode, Defendant and/or third party damages caused by abuse, including reasonable costs of hiring an attorney.

    At the same time, in addition to the above compensation, if You abuse this complaint, GreenNode will refuse to handle Your complaint in the future.

  • GreenNode's Disclaimer:

    GreenNode is only an intermediary service provider and does not have to monitor its own service or actively seek evidence of infringement. Therefore, GreenNode's handling of IP Rights complaints is approximate and based on documents and information provided by the parties. Therefore, GreenNode will be exempted from liability in case the complaint handling decision of GreenNode is not consistent with the conclusion of the competent state agency.