What injunctive relief (provisional urgent measures) can be applied under civil measure in Vietnam?

Injunctive relief or provisional measures are provided under Article 207 of Vietnam IP Law 2005. Accordingly, IPR holders may have the right to request the Court to apply the following provisional measures:

(a) Retention;

(b) Seizure;

(c) Sealing; prohibiting any alteration of the original state; prohibiting any movement;

(d) Prohibiting transfer of ownership.

2.1. Vietnamese Courts shall apply provisional urgent measures specified in Clause 1 of Article 207 of the Vietnam Intellectual Property Law and other measures specified in Article 102 of the Vietnam Civil Procedure Code when so requested by concerned parties.

2.2. Concerned parties may request the Vietnamese Courts to apply concurrently provisional urgent measures specified in Clause 1 of Article 207 of the Intellectual Property Law and those specified in Article 102 of the Civil Procedure Code or to apply only provisional urgent measures specified in Clause 1 of Article 207 of the Intellectual Property Law or those specified in Article 102 of the Civil Procedure Code;

2.3. Goods suspected of infringing upon IPRs in Vietnam, raw materials, materials or means of production or trading of these goods, which are subject to provisional urgent measures, must be seized and managed pending court rulings on disputes.

Plaintiffs are obliged to make advance payments for the seizure and preservation of goods, raw materials, materials or means of production or trading of these goods.

Upon ruling on disputes at the request of plaintiffs, Vietnamese courts shall compel defendants to refund these expenses like those specified at Point a, Clause 1, Article 204 of the Intellectual Property Law and the guidance in Item 1.6, Section 1, Part II of this Circular.

2.4. If goods suspected of infringing upon IPR, raw materials, materials or means of production or trading of these goods are on board sea-going ships or other means of transport, provisional urgent measures shall be applied to these goods but not to the means of transport. These goods and raw materials, materials or means of production or trading thereof shall be unloaded and carried to places of preservation.

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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