Application of transitional provisions to settling disputes over intellectual property rights in Vietnam

(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

INDEX:

Question & Answer for Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP of April 3, 2008, Guiding the Application of a Number of Legal Provisions to the Settlement of Disputes over intellectual Property Rights at People’s Courts

Question 1: Disputes over intellectual property rights which fall under the handling competence of people’s courts in Vietnam

Question 2: Right to institute civil lawsuits on IPR in Vietnam

Question 3: Conditions on institution of civil lawsuits over intellectual property rights in Vietnam

Question 4: Application of law: IP Law of Vietnam or other Laws?

Question 5: Application of transitional provisions to settling disputes over intellectual property rights in Vietnam

Question 6: Intellectual property assessment in Vietnam – Vietnam Intellectual property assessment

Question 7: Claims for compensations for damage upon infringing Intellectual Property Rights in Vietnam

Question 8: Bases for determination of compensations to be paid for damage caused by infringements of IPRs in Vietnam

Question 9: Provisional urgent measures in Vietnam

Question 10: The right and burden of proof of involved parties in a civil proceedings in Vietnam

Question 11: Court rulings on application of civil remedies in Vietnam (Article 202 of Vietnam Intellectual Property Law)

Question 12: Coordination in settling IPR disputes

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

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