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

Upon settling IPR disputes in Vietnam, the People’s Court and People’s Procuracy and the Copyright Office of Vietnam (the Ministry of Culture, Sports and Tourism), provincial/municipal Culture and Information Services, the National Office of Intellectual Property (the Ministry of Science and Technology), provincial/municipal Science and Technology Services that accept dispute cases, and the Vietnam Internet Center (the Ministry of Information and Communication) shall closely coordinate within one another. Such coordination is required to perform the following tasks:

1. Should any professional matters arise in the IP domain on which Vietnamese Courts have requested in writing the exchange of expert opinions, the Copyright Office of Vietnam, provincial/municipal Culture and Information Services, the National Office of Intellectual Property, provincial/municipal Science and Technology Services and the Vietnam Internet Center shall give their opinions on these matters.

2. Upon detecting IPR infringements in the course of prosecution and adjudication of criminal cases, people’s procuracies and people’s courts shall report them to the Copyright Office of Vietnam, provincial/municipal Culture and Information Services, the National Office of Intellectual Property, provincial/municipal Science and Technology Services and the Vietnam Internet Center for the latter to monitor and make statistics on the protection of intellectual property rights at people’s courts within the scope of their respective functions.

3. Upon detecting IPR infringements, which have all elements constituting crimes as specified in the Penal Code, in the course of handling infringements or settling disputes, functional agencies shall notify them and transfer relevant documents to competent people’s procuracies for consideration and decision on criminal handling

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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