IP enforcement in Vietnam

 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...

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[...]

1. Requester apply the measure to control intellectual property-related imports, exports shall have the following obligations:

In 05 April 2016, the Ministry of Science and Technology and the Ministry of Planning and Investment issued the Joint Circular No. 05/2016 / TTLT BKHCN-MPI detailed regulations and guidelines for case handling trade name infringement of industrial property rights. This Joint Circular apparently shall become effective on May 20, 2016. SBLAW would...

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...

There are 4 measures for handling infingements of Intellectual property rights[...]

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...

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...

In IP aspect, set-out requirement are included as but not limited to the following[...]

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...

The following acts of infringing upon industrial property rights shall be administratively sanctioned:

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[...]

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

Measures to control intellectual property-related imports and exports include[...]