Effectiveness of a Lawsuit against Infringement of IP in
Vietnam
How to handle effectively with infringement is a big concern of
Intellectual Property (IP) holders. Should the IP holder file a lawsuit at
Court? Is this way effective in Vietnam? This article will give you
general information about handling of intellectual property disputes through legal action at court in
Vietnam.
IP Enforcement Law Firm in Vietnam
Unlike many countries in the world, in case of infringement,
most IP holders proceed with lawsuits in the courts (judicial authorities),
while other administrative agencies only perform measures to ensure enforcement
of judgments of the court.
Protection of IP rights through the litigation has many
advantages over administrative measures because it guarantees the enforcement
and compensation from infringers. However, in our opinions, the practice of
resolving IP rights disputes in courts is not as effective as administrative
measures in Vietnam.
Vietnamese laws have not given separate
regulations on procedures for settling IP disputes. Therefore, the procedures
for settling disputes shall be governed by the Law on Civil procedure. According
to Clause 2 of Article 30 and Clause 1 of Article 34 of this law, disputes
over intellectual property rights and technology transfer between
individuals and organizations and all purposes of profit are commercial
disputes to be trialed at the courts of the province.
According to Article 202 of the IP Law, the court could decide
the following civil measures to the infringers upon IP right:
-Compelling termination of the infringement of intellectual
property rights;
-Compelling public rectification and apology;
-Compelling the performance of civil obligations;
-Compelling compensation for damages;
-Compelling destruction, or distribution/ use for non-commercial
purpose.
In addition, when initiating a lawsuit or during dispute at
court, the IP holders may request the court to apply provisional emergency
measures in order to prevent damages.
In practice, the IP holder does not proactively protect IP
rights by civil measures to file a lawsuit at court. The number of cases
resolved by courts is much lower than the number of cases handled by
administrative measures. Specifically, the number of cases resolved by court
are 177 cases from 2012 to 2015, of which 91 cases were canceled. The number of
cases resolved by administrative measure is of 22,914 cases (excluding cases
handled by Vietnam Customs Authority)
The reason for the above survey is that, the
IP holder is less likely to resolve disputes through courts because time for
dispute resolution is lengthy, the process is cumbersome and complicated, but
not as effective as administrative measures. Therefore, dealing with disputes
in the specialized administrations will give faster effects to the IP holders
in Vietnam.
If you are looking for an experienced IP services in Vietnam to
help you with your IP application, you should visit ANTLawyers.vn. Our
attorneys have experience with the IP process and will work closely with you as
you apply for your IP.
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