Upon a dispute over IPRs, the right holder might initiate a civil lawsuit to the provincial or municipal people’s court to request for its settlement or application of the following remedies:
To compel the infringing party to terminate the act of infringement;
To compel the infringing party to perform its civil obligations;
To compel destruction or compel the distribution or bringing into use for con-commercial purpose with regard to the goods, materials, raw materials and equipment mainly used for producing and trading IPR infringing goods (provided that this shall not prejudice the IPR holders’ capacity to exploit their rights).
CHART OF IPR INFRINGEMENT SETTLEMENT BY WAY OF CIVIL MEASURES
|(1)||Right holder, representative of the right holder (Article 198 of the IP Law, Article 21, Article 22 of Decree 105/2006/NĐ-CP).|
|(2)||Checking: (i) evidence proving the right holder status of the applicant, (ii) information about the suspected goods or in order to detect IPR infringing goods (Article 23, Article 24, Article 25 of Decree 105/2006/NĐ-CP).|
|(3)||Clause 2, Article 167 of the Civil Procedure Code|
|(4)||The Right holder is entitled to request the Court to apply provisional measures when (a) There is a threat of irreparable damage to the intellectual property right holder; (b) There is a threat of dispersal or destruction of goods suspected of infringing upon intellectual property rights and relevant evidence if they are not protected in time (Article 206 of the 2005 IP Law).|
|(5)||The applicant must deposit an amount of money equal to 20% of the value of the shipment or 20 million dong (in case the value of the shipment cannot be identified) or a document of guarantee from a bank/credit institution (Article 208 of the IP Law)|
|(6)||If the application for settlement of the infringement lacks some required documents, evidence and exhibits, the infringement settlement agency shall request the applicant for additional documents and evidence (clause 3, Article 27 of Decree 105/2006/NĐ-CP).|
|(7)||If the requirements in points (2) and (3) above are not met (clause 4, Article 27 of Decree 105/2006/NĐ-CP, clause 1 , Article 168 of the Civil Procedure Code).|
|(8)||To make a complaint to the Chief Justice of the Court which returned the Statement of Claim (Article 170 of the Civil Procedure Code).|
|(9)||The Court shall accept the case when the plaintiff produces the Court a receipt of the court fee (clause 3, Article 171 of the Civil Procedure Code).|
|(10)||11), (12), (13) To be carried out during the preparation period for the court hearing (clause 2, Article 179 of the Civil Procedure Code).|
|(14)||Within 1 month from the date of a decision to bring the case for trial (Point 13), the court must open the (first instance) court session; this time limit might be extended to 2 months in case there is a legitimate reason to do so (clause 3, Article 179 of the Civil Procedure Code).|
|(15)||Within 15 days (from the date of the judgment by the first instance court), applicants including:
(i) litigants (the right holder, the defendant) or their representatives have the right to appeal against the judgment or a decision of the Court of first instance to petition the upper court to directly resolve the matter in accordance with the appellate proceedings (Article 243 Civil Procedure Code).
(ii) The director of the Procuracy of the same or immediately higher jurisdiction shall have the right to protest against a judgment or a decision of the Court of first instance to request to upper Court to directly resolve the matter in accordance with the appellate proceedings (Article 250 of the Civil Procedure Code).
|(16)||From the date of acceptance of a case, the appellate court shall issue one of the decisions referred to in points (11), (12), (13) above (clause 1, Article 258 of the Civil Procedure Code).|
|(17)||A legally binding judgment or decision of the court (clause 1, Article 375 of Civil Procedure Code)|