16 May

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Evidence usable in IP right disputes

Under the prevailing laws of Vietnam, the sources that may be used upon resolution of disputes over intellectual property rights comprise readable, audible and visible materials; exhibits, etc. Upon resolution of disputes over intellectual property rights, like other civil cases, the litigant who requests the Court to protect his/her lawful rights and interests shall present evidence to prove that such request is grounded and legal. The party who opposes the request of another person against himself/herself must prove that the opposition is grounded and must submit evidence to prove it (Article 91 of the Civil Procedure Code 2015)....

15 May

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What’s important to note about the civil proceedings to resolve IP related disputes in Vietnam?

Posted by KENFOX IP

in Related Matters in Vietnam

Judicially, in Vietnam, two routes for reviewing a court's final judgment, namely, (i) in case such judgment can be shown to be based on a severe error of law, it can go through the process of cassation, where the judgment will be reviewed and possibly annulled due to the material error in the procedure and (ii) where, on the other hand, new evidence or facts are discovered that could have affected the outcome of the case....

13 May

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VIPRI opinion for IPR enforcement in Vietnam. What important points you need to know?

Posted by KENFOX IP

in Related Matters in Vietnam

In general, "intellectual property assessment" is a term used to denote specialized services that provide expert opinions/expert witness on IPR related issues pertaining to IPR infringement, valuing IP rights and determining the value of damages caused by IPR infringement. In Vietnam, intellectual property assessment is typically carried out at the request of one or both parties to an IPR dispute or at the discretion of the Vietnamese IPR enforcement agencies in order to resolve alleged IPR infringements. A professional performing assessment is called a assessor (assessment expert), who has qualification in conformity with each area of assessment, has been trained,...

11 May

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Handling of trademark infringement found in an e-commerce website in Vietnam, some noteworthy points

Posted by KENFOX IP

in Related Matters in Vietnam

 As provided in Vietnam IP Law, subject to nature and severity of trademark infringement, those who commit acts of infringement of trademark rights of another entity or individual shall be tackled in line with (i) administrative route, (ii) civil route or (iii) criminal route. In the event of imports of counterfeit / infringing goods into Vietnam, the trademark owner should consider taking border control actions to track inbound shipments and seize counterfeit/infringing goods at Vietnam's border gates....

08 May

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Court’s jurisdiction and litigant’s burden in IP right disputes

Posted by KENFOX IP

in Related Matters in Vietnam

Vietnamese laws provide for the jurisdiction of the People's Court in resolving intellectual property disputes, including: copyright, related rights and industrial property rights, and technology transfer between individuals, organizations. The settlement of this type of dispute is based on the principles, orders and procedures prescribed in the Civil Procedure Code....

10 September

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IPR assessment against IPR infringement, expert opinions in IPR infringement in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

There have been 3 public organizations which provide expertise opinions/ IPR assessment conclusions (IPR analysis services) in Vietnam, namely, (i) Intellectual Property Office of Vietnam (“IP Vietnam”), (ii) Vietnam Intellectual Property Research Institute (“VIPRI”) and (iii) Expertise Center of Copyright, Related Rights (“ECCR”)....

16 August

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Border control measure for IPR protection in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

A GI owner is entitled to file with the Customs Supervision Department (“CSD”) a request for customs supervision measure (“Request for Supervision”) for a 2-year term, which can be renewed for another 2-year term. This measure is implemented at all Vietnamese border gates to detect any alleged counterfeits/infringing goods (“Alleged Infringing Goods”) imported into Vietnam. The IPR holder can then request for a temporary suspension of customs procedure over such Alleged Infringing Goods once they are detected....

16 August

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Criminal procedure for IPR enforcement in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

A provincial People’s Court is entitled to hear criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories (Article 268.2 (b), Criminal Procedure Code 2015). As regards territorial jurisdiction, a Court, whose location is most adjacent to the scene of a crime, shall have jurisdiction over the criminal lawsuit against that crime....

16 August

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Civil procedure for IPR enforcement in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

For IPR cases, proceedings must be commenced in the court for the province where the defendant resides or works or has its head office or if a dispute is relating to compensation for non-contractual damages, the plaintiff may request the Court of the locality in which his/her residence, work place or head office is located or where the case causing damage occurs to hear the matter (Article 40.1(d), Civil Procedure Code 2015). ...

16 August

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Administrative procedure for IPR enforcement in Vietnam

Posted by KENFOX IP

in Related Matters in Vietnam

Generally, under trademark-based enforcement practice, the Vietnamese competent enforcement authorities will set up an Inspection Team and may invite representatives from our firm and request local Police to join the inspection to ensure Inspection Team safe during raiding against the alleged infringer. The alleged infringer’s premise/factory/warehouse will be checked/inspected to detect and seize the infringing products. Minutes of administrative violation may be immediately made or a Working Minutes will be made first if necessary to have a meeting/discussion with the alleged infringer later before making a...