Adminitrative penalty of infrigement of intellectual property right
The following acts of infringing upon industrial property rights shall be administratively sanctioned:
IP matter concerning to the pharmaceutical products in Vietnam.
In IP aspect, set-out requirement are included as but not limited to the following[...]
Measures to control intellectual property-related imports, exports
Measures to control intellectual property-related imports and exports 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...
Stay the completion of customs procedures
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...
Cancellation of the application of provisional urgent measures
The court shall issue decisions on cancellation of provisional urgent measures already applied
IPR ENFORCEMENT MEASURES
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...
Licenses for trading in or circulating pharmaceuticals or agrochemical products
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...
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 Lawyers in Vietnam
SBLAW-your IP lawyers in Vietnam, provides the following legal services:
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...
Settle the infringement action against their intellectual property right in Vietnam
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...
What is meant by “circulated pharmaceutical substances.”?
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...
Measures for handling infingements of Intellectual property rights
There are 4 measures for handling infingements of Intellectual property rights[...]
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...