Can an injunction be obtained in Vietnam? Under what circumstances?

Yes, an injunction and even preliminary injunction can be obtained under circumstances the patentee would face irreparable harm without an injunction (Legal basis: Article 99 of Civil Procedure Law 2004).

In addition, according to Article 206 of Vietnam IP Law, right to request the court to apply provisional urgent measures is provided as follows:

 

  1. Upon or after the initiation of a lawsuit, an intellectual property right holder shall have the right to request the court to apply provisional measures in the following cases:
    • There is a danger of irreparable damage to such intellectual property right holder;
    • Goods suspected of infringement of Intellectual Property rights or evidence related to the act of infringement of industrial property rights are likely to be dispersed or destroyed unless they are protected in time.
  2. A court may make a decision applying provisional urgent measures at the request of an industrial property right holder as stipulated in clause 1 of this article before hearing the party subject to such measures.

 

Article 207 of Vietnam IP Law stipulates about “Provisional urgent measures” as follows:

  1. The following provisional urgent measures may be applied to goods suspected of infringing Intellectual Property rights or to raw materials and materials, or facilities of production or trading of such goods:
    • Retention;
    • Seizure;
    • Sealing; prohibiting any alteration of the original state; prohibiting any movement;
    • Prohibiting transfer of ownership.
  2. Other provisional urgent measures may be applied in accordance with the Civil Procedure Code.

Article 208 of Vietnam IP Law stipulates about “Obligations of applicants for provisional urgent measures” as follows:

  1. Applicants for provisional urgent measures shall bear the burden of proving their right provided for in clause 1 of article 206 of this Law by producing the documents and evidence stipulated in clause 2 of article 203 of this Law.
  2. An applicant for provisional urgent measures shall be obliged to pay compensation for loss caused to a person subject to such measures in a case where the latter is found not to have infringed industrial property rights. To secure the performance of this obligation, an applicant for provisional urgent measures shall deposit security in one of the following forms:
  • A sum of money equal to twenty (20) per cent of the value of the goods subject to the application of provisional urgent measures, or at least twenty million (20,000,000) dong where it is impossible to value such goods;
  • A deed of guarantee issued by a bank or other credit institution.
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