FAQs about IPR disputes in Vietnam

• Which copyright disputes in Vietnam can be settled by the Vietnamese Courts?
• Which related right disputes in Vietnam can be settled by the Vietnamese Courts?
• Which industrial property right disputes in Vietnam can be settled by the Vietnamese Courts?

• Could you tell us who has right to institute civil lawsuits over copyright or related rights in Vietnam?
• Could you tell us who has right to institute civil lawsuits over industrial property rights in Vietnam?

• Could you tell us conditions on institution of a civil lawsuit over copyright or related rights in Vietnam?
• Could you tell us conditions on institution of a civil lawsuit over industrial property rights in Vietnam?

• What law shall be applied if there is a difference between Vietnam IP Law and other laws?
• Application of domestic legal documents in Vietnam
• Application of International Treaties

(1) Please tell us about the application of the Law on Intellectual Property to settling disputes over copyright and related rights?

Copyright and related rights protected under legal documents, which took effect before the effective date of Vietnam IP Law (July 1, 2006), will continue to be protected if their protection duration was still valid by this date. Courts shall therefore apply the provisions of Vietnam IP Law when settling disputes over these rights.

(2) Please tell us about the application of the Law on Intellectual Property to settling disputes over industrial property rights?

Application of Vietnam IP Law to settling disputes over industrial property rights:

“For industrial property rights established under protection titles granted under legal provisions in force before the effective date of the Vietnam Intellectual Property Law (July 1, 2006), and if procedures for maintenance, extension, modification, licensing, ownership assignment or settlement of disputes over those protection titles are compliant with the provisions of the Vietnam Intellectual Property Law, except for those on grounds for invalidation of protection titles, only provisions of legal documents in force by the time of grant of those protection titles will apply.”

Vietnamese Courts shall therefore apply the provisions of the Intellectual Property Law in Vietnam when settling disputes over the above industrial property rights, except for disputes related to the determination of validity of protection titles, to which provisions concerning grounds for invalidation of protection titles of legal documents in force by the time of grant of those protection titles will apply

• How can the concerned parties in a civil proceedings request Intellectual property assessment in Vietnam?

• If we file a civil lawsuit in Vietnam concerning IPR infringement, how can we request the Vietnamese Court to award a compensatory damage?

• When is the “actual loss” regarded as having occurred in Vietnam?

• How can the Vietnamese Courts determine the decrease in income or profit in an IPR related lawsuit?

• How can the Vietnamese Courts determine the losses in business opportunities in an IPR related lawsuit?

• How can the Vietnamese courts determine the compensable damages caused by IPR infringement in Vietnam?

• How can the Vietnamese Court determine the spiritual damage that the infringer must indemnify the IPR holder in an IPR related lawsuit?

• Whether and how the cost of hiring attorney in an IPR lawsuit in Vietnam is awarded?

• Who has rights to request provisional urgent measures (injunctive relief) under civil measure in Vietnam?
• What injunctive relief (provisional urgent measures) can be applied under civil measure in Vietnam?
• Whether the requester of provisional urgent measure in Vietnam has to deposit a security?

• Whether the plaintiff has to bear the burden of proof in initiating a civil lawsuit in Vietnam?

• What court rulings shall be made for IPR infringement in Vietnam?

• How do the Vietnamese enforcement authorities coordinate to handle the IPR disputes?