IP enforcement in Vietnam

We “SBLAW” have been widely appreciated as a leading IP law firm in Vietnam Backed by our capabilities, we have been able to offer cutting-edge solution to corporations, individuals and international entities across the globe. Our workforce comprises eminent lawyers and advocates having expertise in handling matters before the District...

Lawyer Nguyen Tien Hoa, parter of SBLaw has joined the IPR roundtable at American Center, Diamond Plaza, HCMC. As part of the series of activities to celebrate the 20th anniversary of U.S.-Vietnam diplomatic relations, Associate Justice of the U.S. Supreme Court Ruth Bader Ginsburg has visited Vietnam and accompanied by...

According to the Decree No. 99/2013/NĐ-CP of Government dated August 29, 2013 providing for Sanctioning of Administrative Violations in Industrial Property, the following authority state bodies have the jurisdiction in settling the IP infringement action in Vietnam: -          Inspector in the field of science and technology; -          Inspector in the field...

 Question: Which agencies in Vietnam have the power to deal with IPR infringement acts? What are the applicable procedures for dealing with IPR infringement acts? Answer: Pursuant to Article 200 of the 2005 IP Law of Vietnam, the following agencies shall  have the power to deal with IPR Infringement acts: 1. Courts 2. Inspectorates 3....

Question:  Regarding Article 2(3) “Regulation on Data Security of Drug Registration Records” (“Regulation on Data Security”), please explain what is meant by “circulated pharmaceutical substances.” Regarding the term “business secret” as it is used throughout the Regulation on Data Security, please explain the criteria by which it is determined...

Question: According to Article 128.1 of the Intellectual Property Law, applicants for licenses for trading in or circulating pharmaceuticals or agrochemical products need to specifically request such data to be kept secret. Please also access the compliance of Article 128 with the Article 39 of the TRIPS Agreement. Answer: In...

Stay the completion of customs procedures This measure of stay of the completion of customs procedures shall be taken at the request of the holder of an IPR protected in Vietnam, in order to collect information and evidence about a goods shipment to enable the IPR Holder to exercise his/her...

Criminal punishment shall be applied to those person who deliberately commit acts of infringement of the copyright, related rights and industrial property rights to the trademarks and geographical indications being protected in Vietnam at the commercial scale.  Upon detecting a sign of an IPR infringement offence under Articles 170a and...

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 make a public...

Administrative procedures shall be taken against the organizations and individuals committing one of the following acts of IPR infringement:    Infringing IPRs and therefore causing losses to the author, owner, consumers or the public;  Producing, importing, transporting or dealing in counterfeit goods under Article 213 of the IP Law or assigning others to...

 IPR ENFORCEMENT MEASURES To protect the intellectual property rights (IPR), a Right holder might exercise the right to self-defend or request the enforcement agency to deal with acts of IPR infringement by way of civil remedies, administrative measures or criminal punishments, or might request the application of import/export control measures...

Question: Our company is seeking for the assistance in order to settle the infringement action against their intellectual property right in Vietnam, please provide us SBLAW’s legal service in this field? Answen: Regarding this matter, SBLAW would like to confirm that we could assist your company in settling the infringement...

Question: We might file a lawsuit re: the counterfeit product found in Vietnam. We manufactured ion exchange resins and export to the world. Recently, we found a Vietnam company sold counterfeit resins. This is why we would file a lawsuit in Vietnam. Before we go more further, our counsel...

Question: We registered a trademark in Vietnam and would like to know how to provide Evidence for proving the use of your protected trademark in Vietnam? Answen: Regarding to the evidence for proving the use of your protected trademark in Vietnam, we would like to advise you as below: In related...

Answen: We are foreign company and have recently discovered that a few companies might have infringed its trademark rights and wishes to conduct searches on the companies to retrieve details of the companies and whether the companies are related. We may wish to take action against the companies if the...