Terms Governing Intellectual Property Complaints (“IP Rights Complaint Terms“) issued by Công Ty Cổ Phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ (“Pho Tue SoftWare Solutions JSC”) to protect intellectual property rights (“SHTT”) of the organization(s) and individual(s), and to promptly prevent the use of services supplied by Pho Tue SoftWare Solutions JSC and its brands and member companies — collectively, Pho Tue SoftWare Solutions JSC — to infringe the intellectual property rights of any party.

For purposes of this clause, IP rights means the rights of organizations and individuals over intellectual property, including copyright and rights related to copyright, industrial property rights, and rights over plant varieties, under the Intellectual Property Law 2005 (Luật Sở hữu trí tuệ 2005), as amended in 2022, and its implementing guidance documents (“Luật SHTT“).

These Terms on Intellectual Property Complaints take effect from the date they are published on the website of Pho Tue SoftWare Solutions JSC, and the brands and member companies belonging to Pho Tue SoftWare Solutions JSC may adjust and update them from time to time.

1. COMPLAINT NOTICE

1.1 Business or personal details of the Complainant, together with supporting documents, specifically:

  • (a) For a business: company name, enterprise code, registered office address and contact details (telephone number, email, address), with the enterprise registration certificate or an equivalent document attached.
  • (b) For individuals: full name, phone number, contact address, with a citizen ID card or passport attached.

1.2 .Documentation proving that the Complainant is the IP rights holder or an organization or individual to whom the holder has assigned the IP rights (“IP rights holder”) under intellectual property law and related regulations.

If the Complainant is an authorized representative of the IP Rights Holder, then in addition to the documents proving the IP Rights Holder referred to above, the Complainant must also provide a lawful and valid power of attorney that is recognized and usable in Vietnam.

1.3. A document analyzing or evidencing the Respondent's infringement of intellectual property rights, together with the documents and physical items that evidence the Respondent's infringement under intellectual property law.

1.4. The originals of the above documents must be sent to:

CÔNG TY CỔ PHẦN GIẢI PHÁP CÔNG NGHỆ VÀ PHẦN MỀM PHỔ TUỆ

Address: 128 Đường Bình Mỹ, xã Bình Mỹ, huyện Củ Chi, Thành phố Hồ Chí Minh, Việt Nam

Phone: +84 8659 20041

Email: reports@photuesoftware.com

1.5. The information and documents you provide under this Article are for the purpose of resolving your complaint, and Pho Tue SoftWare Solutions JSC acts only as an intermediary. Accordingly, by sending a complaint notice and supporting documents to Pho Tue SoftWare Solutions JSC, you agree that Pho Tue SoftWare Solutions JSC may provide, share and transfer the information and documents you have supplied to the Respondent and/or to relevant third parties in order to resolve your complaint.

2. RECEIPT AND HANDLING OF COMPLAINTS BY PHO TUE SOFTWARE SOLUTIONS JSC

2.1. Time of acknowledgement of a complaint: Pho Tue SoftWare Solutions JSC accepts a complaint from the point at which it receives the original documents listed in Section 1 above. Pho Tue SoftWare Solutions JSC will send an acknowledgement of receipt of the complaint to the email address you provided.

If the documents provided by the Customer are not lawful, not valid, or incomplete, Pho Tue SoftWare Solutions JSC will require the Customer to supplement or complete the documentation, or to provide additional information. If the Customer fails to respond or to provide the information requested by Pho Tue SoftWare Solutions JSC, the complaint resolution process will be closed.

2.2. If the documents you provide are lawful, valid and complete, Pho Tue SoftWare Solutions JSC will forward the complaint and the documents you provided to the Respondent for their response. If the Respondent replies, Pho Tue SoftWare Solutions JSC will send that reply to you so that you can comment and choose how to proceed. If you wish to continue responding to the Respondent through Pho Tue SoftWare Solutions JSC, we are willing to act as an intermediary and pass information between the parties as set out in this Article.

3. CUSTOMER RESPONSIBILITIES

3.1. Pho Tue SoftWare Solutions JSC always values its relationships and seeks long-term cooperation with its customers, but legal compliance must still come first. Pho Tue SoftWare Solutions JSC is therefore committed to working with all parties to resolve complaints and to help protect the intellectual property (IP) rights of the organizations and individuals concerned.

Accordingly, where the Customer is the Respondent under these IP Complaint Terms and receives a written warning and request for information from Pho Tue SoftWare Solutions JSC, the Customer is responsible for responding and providing the requested information to Pho Tue SoftWare Solutions JSC within 24 hours of receiving the request at the email address the Customer has registered.

3.2. If the Customer fails to provide the requested information within the time limit set out in Article 3.1, Pho Tue SoftWare Solutions JSC will act under the Terms of Service and Pho Tue SoftWare Solutions JSC's then-current policies, which may include suspending service to the Customer.

4. ANTI-ABUSE TERMS AND DISCLAIMER OF PHO TUE SOFTWARE SOLUTIONS JSC

4.1. Responsibilities of the complainant where the complaints procedure is abused:

The Complaining Party agrees that abuse of this complaint procedure may affect the lawful rights and interests of Pho Tue SoftWare Solutions JSC, the Party Complained Against and/or any other third party.

Accordingly, if the Customer abuses the IP rights protection procedure in a way that causes damage to Pho Tue SoftWare Solutions JSC and/or any other third party, the Customer must compensate Pho Tue SoftWare Solutions JSC, the Respondent, and/or the affected third party in full for the damage caused by such abuse, including reasonable attorney's fees.

In addition, beyond the compensation for damages set out above, if you abuse this complaint mechanism Pho Tue SoftWare Solutions JSC will refuse to handle any future complaints from you.

4.2. Statement and disclaimer of Pho Tue SoftWare Solutions JSC:

Pho Tue SoftWare Solutions JSC is an intermediary service provider and is not obliged to monitor its own services or to actively look for evidence of infringement. Its handling of intellectual property complaints is therefore necessarily approximate and based on the documents and information the parties supply. Accordingly, Pho Tue SoftWare Solutions JSC is released from liability where its decision on a complaint does not match the conclusion of the competent state authority.

Updated January 25, 2025