In line with Section I, providing for disputes over IPR which fall under the handling competence of People’s Courts (specified in Clause 4, Article 25 and Clause 2, Article 29 of Vietnam Civil Procedure Code) in accordance with Circular 02/2008/TTLT- TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP dated April 03, 2008, guiding the application of a number of legal provisions to the settlement of IPR disputes at People’s Courts, the Vietnamese Courts can settle the copyright disputes concerning the followings:
a) Disputes among individuals over copyright to literature, artistic or scientific works or derivative works;
b) Disputes among co-authors over division of the co-authorship right;
c) Disputes between individuals and organizations over the ownership of copyright to works;
d) Disputes between copyright owners and authors over royalties or remunerations for authors who have created works under task assignments or contracts;
e) Disputes over the exercise of moral rights or economic rights of authors or copyright owners;
f) Disputes over copyright to computer programs or data compilations between entities that provide finance and physical conditions decisive to the development of computer programs or data compilations and designers and developers of these computer programs or data compilations;
g) Disputers over copyright to cinematographic or dramatic works between entities that invest finance and material-technical facilities in the production of these works and persons who participate in the creation of these works and producers of these works, or disputes between them over royalties, remunerations and other material benefits;
h) Disputes between copyright owners and users of published works that are not required to ask for authority or pay royalties or remunerations for the reason that such use affects the normal utilization of these works or causes harms to rights of work authors or copyright owners;
i) Disputes between copyright owners and users of published works that are not required to ask for authority but are obliged to pay royalties or remunerations for the reason that the users fail to pay royalties or remunerations or affect the normal utilization of these works or cause harms to rights of work authors or copyright owners;
j) Disputes over contracts on copyright assignment or licensing, or disputes over contracts on copyright service;
k) Disputes arising from acts of infringing upon copyright;
l) Disputes over succession or inheritance of economic rights as specified in Article 20 and moral rights as specified in Clause 3, Article 19 of the Intellectual Property Law of Vietnam;
m) Other disputes over copyright as specified by law.
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
- Which copyright disputes in Vietnam can be settled by the Vietnamese Courts?
- Which related right disputes in Vietnam can be settled by the Vietnamese Courts?
- Which industrial property right disputes in Vietnam can be settled by the Vietnamese Courts?
Question 2: Right to institute civil lawsuits on IPR in Vietnam
- Could you tell us who has right to institute civil lawsuits over copyright or related rights in Vietnam?
- Could you tell us who has right to institute civil lawsuits over industrial property rights in Vietnam?
Question 3: Conditions on institution of civil lawsuits over intellectual property rights in Vietnam
- Could you tell us conditions on institution of a civil lawsuit over copyright or related rights in Vietnam?
- Could you tell us conditions on institution of a civil lawsuit over industrial property rights in Vietnam?
Question 4: Application of law: IP Law of Vietnam or other Laws?
- What law shall be applied if there is a difference between Vietnam IP Law and other laws?
- Application of domestic legal documents in Vietnam
- Application of International Treaties
Question 6: Intellectual property assessment in Vietnam – Vietnam Intellectual property assessment
- How can the concerned parties in a civil proceedings request Intellectual property assessment in Vietnam?
Question 7: Claims for compensations for damage upon infringing Intellectual Property Rights in Vietnam
- If we file a civil lawsuit in Vietnam concerning IPR infringement, how can we request the Vietnamese Court to award a compensatory damage?
- How can the Vietnamese Courts determine the losses in business opportunities in an IPR related lawsuit?
Question 8: Bases for determination of compensations to be paid for damage caused by infringements of IPRs in Vietnam
- How can the Vietnamese courts determine the compensable damages caused by IPR infringement in Vietnam?
- How can the Vietnamese Court determine the spiritual damage that the infringer must indemnify the IPR holder in an IPR related lawsuit?
Question 9: Provisional urgent measures in Vietnam
- Who has rights to request provisional urgent measures (injunctive relief) under civil measure in Vietnam?
- What injunctive relief (provisional urgent measures) can be applied under civil measure in Vietnam?
- Whether the requester of provisional urgent measure in Vietnam has to deposit a security?
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