How can the concerned parties in a civil proceedings request Intellectual property assessment in Vietnam?

Disputes over IPRs in Vietnam constitute a type of civil disputes and are generally settled under procedures specified in the Vietnam Civil Procedure Code. Upon receiving requests for assessment, Vietnamese Courts shall refer to Article 90 of the Civil Procedure Code and the guidance in Section 6, Part IV of Resolution No. 04/2005/NQ-HDTP of September 17, 2005, of the Judges’ Council of the Supreme People’s Court, guiding a number of provisions of the Vietnam Civil Procedure Code on “burden of proof and evidence,” the provisions of Clause 3, Article 201 of the IP Law, and Points a and c, Clause 2, Article 40 of Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the IP Law on protection of IPRs and state management of IP (below referred to as Decree No. 105/2006/ND-CP for short).

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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