Article 26.- Procedures for sanctioning administrative violations
1. When detecting a violation, the person with sanctioning competence shall immediately order the termination of such violation, clearly explaining regulations on sanctioning of administrative violations in the domain of industrial property and relevant provisions of law on industrial property to the violating organization or individual, requesting the latter to strictly observe the provisions of law.
2. When a violation is subject to a caution, the person with sanctioning competence shall not make a written record thereof but decide on sanctioning right at the place of violation and the caution shall be decided in writing.
Except simple procedures are applied, when a violation is subject to a fine, the person with sanctioning competence shall have to make a written record of the administrative violation according to the provisions of Article 35 of the Ordinance on Handling of Administrative Violations and create conditions for the violating individual or organization to present their opinions about the violation.
3. A sanctioning decision and its contents must comply with the provisions of Article 56 of the Ordinance on Handling of Administrative Violations.
A sanctioning decision must be sent to the sanctioned organization or individual within three days after its signing. When the sanctioning decision covers additional sanctions which require the completion of procedures for establishment, modification, termination or cancellation of validity of relevant protection titles or certificates, it must be sent to the Inspectorate of the Ministry of Science and Technology and the National Office of Intellectual Property for coordination in monitoring and execution.
4. When detecting a violation involving a dispute or complaint about the right holder, the protectability or scope of protection of industrial property rights, the dossier-receiving agency shall request the concerned parties to settle the dispute at the competent agency. Within 10 days after receiving final conclusions from the agency competent to settle the dispute or complaint, the person with sanctioning competence shall make conclusions on the violation