IP enforcement in Vietnam

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.

The court shall issue decisions on cancellation of provisional urgent measures already applied

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...

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...

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[...]

This process of handling trademark infringement in Vietnam includes the following steps:

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...

SBLAW would like to inform you the required documents for settling the infringement and border control in Vietnam as below:

1.The Client and a Vietnamese Company entered a license agreement for importing and distributing the products bearing the protected trademark of the Client in Vietnam.

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...

 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...

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...

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...

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[...]

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...