Bases for determination of compensations for damage caused by infringements of intellectual property rights

Bases for determination of compensations  for damage caused by infringements of  intellectual property rights
March 18 01:56 2014 Print This Article

– Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused material damage to him/her, he/she shall have the right to request the court to decide on the compensation level on one of the following bases:

*  Total material damage calculated in an amount of money plus profit gained by the defendant as a result of an act of infringing upon intellectual property rights where the reduced profit amount of the plaintiff has not yet been calculated into such total material damage;

* The price of the licensing of an intellectual property object with the presumption that the defendant has been licensed by the plaintiff to use that object under a license contract within a scope corresponding to the committed infringing act;

* Where it is impossible to determine the level of compensation for material damage on the bases specified at Points a and b of this Clause, such compensation level shall be set by the court, depending on the damage extent, but must not exceed VND 500 million.

– Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused spiritual damage to him/her, he/she shall have  the right to request the court to decide on the compensation level ranging from VND 5 million  to VND 50 million, depending on the damage extent.

– In addition to the damage compensation defined in Clauses 1 and 2 of this Article, industrial property right holders shall also have the right to request the court to compel organizations or individuals that have committed acts of infringing upon industrial property rights to pay reasonable costs of hiring attorneys.

Untitled-1

Get in touch with us

Your Name:

Phone Name:

Your Email :

Subject:

Your Message: