If we file a civil lawsuit in Vietnam concerning IPR infringement, how can we request the Vietnamese Court to award a compensatory damage?

Compensatory damages is the sum of money awarded in a civil action by a Court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.

Claims for compensations for damage are provided under Articles 204 and 205 of the Intellectual Property Law of Vietnam.

1. Compensable damage caused by infringements of IPRs in Vietnam includes material damage and spiritual damage.

1.1. Material damage includes:

a) Property loss;

b) Decreases in income and profit;

c) Loss of business opportunities;

d) Reasonable expenses for prevention and remedy of damage.

1.2. Spiritual damage includes:

Damage to the honor, dignity, prestige, reputation and other spiritual losses caused to authors of literary, artistic and scientific works; to performers; to authors of inventions, industrial designs or layout designs.

1.3. Material and spiritual damage is actual physical and spiritual losses directly caused by infringements to intellectual property rights holders and determined on the bases specified in Clause 2, Article 16 of Decree No. 105/2006/ND-CP. When the provisions of Clause 2, Article 16 of Decree No. 105/ND-CP are applied, attention must be paid to the following points

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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