Which industrial property right disputes in Vietnam can be settled by the Vietnamese Courts?

In line with Section I, providing for IP disputes which fall under the handling competence of People’s Courts (specified in Clause 4, Article 25 and Clause 2, Article 29 of the 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 IP disputes concerning the followings:

a) Disputes over the right to register inventions, industrial designs, layout designs, marks or geographical indications;

b) Disputes over the priority right to applications for registration of inventions, industrial designs or marks;

c) Disputes over author rights to inventions, industrial designs or layout designs;

d) d/ Disputes over moral rights or economic rights of authors of inventions, industrial designs or layout design;

e) Disputes over temporary rights to inventions, industrial designs or layout designs between entities having the right to file applications for registration of inventions, industrial designs or layout designs and entities currently using these industrial property objects, or disputes over compensations between holders of protection titles and users of inventions, industrial designs or layout designs;

f) Disputes over the right to prior use of inventions or industrial designs between owners of these inventions or industrial designs and prior users of these inventions or industrial designs related to the transfer of such right to other entities, expansion of the use scope or volume without authority of owners of these industrial property objects;

g) Disputes over compensations between holders of protection titles of inventions, industrial designs or layout designs and users of these inventions, industrial designs or layout designs during the period from the date of publication of protection title applications on the Industrial Property Official Gazette to the date of grant of protection titles;

h) Disputes over rights of owners of industrial property objects (including disputes over right portions of co-owners);

i) Disputes arising from infringements of industrial property rights;

j) Disputes arising from infringements of rights of authors of inventions, industrial designs or layout designs;

k) Disputes over remunerations paid to authors of inventions, industrial designs or layout designs;

l) Disputes over contracts on assignment of industrial property rights or contracts on licensing of industrial property objects; or disputes over contracts on industrial property representation services;

m) Disputes over succession or inheritance of industrial property rights, economic rights of authors of inventions, industrial designs or layout designs;

n) Disputes arising from acts of unfair competition;

o) Other disputes over industrial property rights as specified by law.

 

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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