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

2.2. Vietnamese Courts shall decide on compensations for spiritual damage when plaintiffs prove that infringements of intellectual property rights have caused spiritual damage to them. If plaintiffs cannot prove their spiritual damage, courts will not accept their claims. Depending on each specific case and the level of spiritual damage of a right holder, such as dishonor, harmed dignity, loss of prestige or reputation and other spiritual damage caused by an infringement of intellectual property rights to the right holder, the court shall decide on a compensation of between VND 5 (five) million and VND 50 (fifty) million.

2.3. When the provisions of Article 205 of the Intellectual Property Law and the guidance in Item 2.1, Section 2 of this Joint Circular are applied, if a dispute involves several infringed intellectual property objects, the compensation level shall be determined for each object. If the court can determine a compensation level for material damage under the provisions of Points a and b, Clause 1, Article 205 of the Intellectual Property Law for some objects but cannot do so for other objects, it may simultaneously apply all the bases specified in Clause 1, Article 205 of the Intellectual Property Law at the same time to determine an overall compensation level.

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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