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

a) Individuals and organizations defined in Article 14 of Vietnam Government’s Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code and the Vietnam IP Law on copyright and related rights (below referred to as Decree No. 100/2006/ND-CP for short) may institute civil lawsuits over copyright or related rights at the Vietnamese competent people’s courts for protection of their rights and lawful interests.

b) Concerned state agencies and organizations may, within the scope of their tasks and powers, institute civil lawsuits to protect public interests and the State’s interests in the domain of copyright and related rights according to Clause 3, Article 162 of the Civil Procedure Code and the guidance in Item 2.1, Section 2, Part I of Resolution No. 02/2006/NQ-HDTP of May 12, 2006, of the Judges’ Council of the Supreme People’s Court, guiding the implementation of the provisions of the Civil Procedure Code’s Part Two on Procedures for Handling Cases at First-Instance Courts

 

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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