Whether and how the cost of hiring attorney in an IPR lawsuit in Vietnam is awarded?

2.4. Regarding the payment of reasonable costs of hiring attorneys

In civil procedures, according to Clause 3, Article 144 of the Civil Procedure Code, costs of hiring attorneys must be paid by parties that request attorneys, unless otherwise agreed by involved parties.

However, pursuant to Clause 3, Article 205 of the Intellectual Property Law, intellectual property rights holders may request courts to order organizations or individuals that have committed infringements of intellectual property rights to pay reasonable costs of hiring attorneys.

Reasonable costs of hiring attorneys are actual expenses necessary for intellectual property cases and depending on characteristics and complexity of these cases, skills and qualifications of attorneys and time volume required for studying these cases. Costs include remunerations paid for attorneys and expenses for their travel and accommodation. Remunerations for attorneys are agreed upon between them and their clients in legal service contracts and calculated on the bases and methods for calculation of remunerations specified in Article 55 of the Law on Lawyers.

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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