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

Right to institute civil lawsuits over industrial property rights belongs to:

a) Individuals and organizations involved in disputes over the right to register inventions, industrial designs, layout designs, marks or geographical indications;

b) Authors or co-authors of inventions, industrial designs, layout designs;

c) Holders of protection titles of inventions, industrial designs, layout designs;

d) Holders of certificates of registered or internationally registered marks, which are accepted for protection in Vietnam, owners of well known marks;

e) Holders of industrial property rights to business secrets or trade names;

f) Individuals and organizations having the lawful right to use geographical indications, organizations or collectives representing individuals and organizations empowered to use geographical indications;

g) Organizations and individuals possessing industrial property objects involved in acts of unfair competition in the domain of industrial property;

h) Lawful heirs of authors of inventions, industrial designs or layout designs; or lawful heirs or heirs of industrial property rights of owners of industrial property objects;

i) Individuals and organizations that are lawfully assigned the ownership of industrial property objects;

j) Individuals and organizations that are lawfully licensed to use industrial property objects;

k) Individuals and organizations that are licensed to use industrial property objects under decisions of competent state agencies;

l) Other rights holders as defined by law

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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