Agencies have the power to deal with IPR infringement acts
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....
Obligations of requester apply the measures to control intellectual property-related imports, exports
1. Requester apply the measure to control intellectual property-related imports, exports shall have the following obligations:
Provisional urgent measures
The following provisional urgent measures shall be applied to goods suspected of infringing upon intellectual property rights or to raw materials, materials or means of production or trading of such goods[...]
Bases for determination of compensations for damage caused by infringements of intellectual property rights
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[...]
Intellectual property counterfeit goods
Intellectual property counterfeit goods referred to in this Law include goods bearing counterfeit marks and goods bearing counterfeit geographical indications (hereinafter referred to as counterfeit mark goods) and pirated goods [...]
Procedures to apply the measure of suspension of customs procedures
When persons requesting the suspension of customs procedures have fulfilled their obligations specified according to the Intellctual property Law, customs offices shall issue decisions on suspension of customs procedures with regard to goods lots in question[...]
Evidence for proving the use of your protected trademark in Vietnam
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...
Measures to control intellectual property-related imports, exports
Measures to control intellectual property-related imports and exports include[...]
Selected recent SBLAW Credential in the field of copyright enforcement
SBLAW would like to provide some information about selected reccent credential in the field of copyright enforcement as follows:
Adminitrative penalty of infrigement of intellectual property right
The following acts of infringing upon industrial property rights shall be administratively sanctioned:
Selected recent SBLaw Credential in the field of industrial design enforcement
One Manufacturing rubber glove Company sent a request to Market Supervisor of Binh Duong and request them to settle the infringement action against their industrial design in Vietnam of the Client.
Legal loopholes in handling trademark infringements in Vietnam
Legal loopholes in handling trademark infringements in Vietnam is the article of Mr. Pham Duy Khuong - partner of SBLAW, this is published on the Vietnam Law Magazine.
Intellectual property (IP) infringements in Vietnam, including infringements upon well-known trademarks, have prevalently occurred with subtle tricks and are considerably difficult to...
Determination of damage caused by infringements of intellectual property rights
Damage caused by acts of infringing upon industrial property rights include[...]
Upon a dispute over IPRs
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
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...