PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

Dispute arises out of design rights may be settled either by administrative, civil, economic court, or criminal court. Patent owner may resort to administrative, civil, or criminal procedures or border measures in order to protect their design rights.

Dispute arises out of design rights may be settled either by administrative, civil, economic court, or criminal court.

Administrative Court is entitled to settle design disputes between two parties one of which is any organization/individual and the other is a State management authority.

Matters subject to settlement under jurisdiction of the Administrative Court may include:

§          refusal of application for a patent or refusal of grant of a patent;

§          refusal of a grant of a patent; and

§          request for suspension or cancellation of a patent.

Civil Court is entitled to settle design right disputes among any individuals and/or any organizations and/or between individuals and organizations.

Matters subject to settlement under jurisdiction of the Civil Court may include:

§          violation of industrial design rights;

§          disagreement arising in relation to remuneration to be paid.

Economic Court is entitled to settled design right disputes relating to License and Assignment of design rights with regards to economic content.

Criminal Court is entitled to settle serious infringing acts in respect of design rights, causing damages to the public interest.

Measures for settlement of patent infringement

Patent owner may resort to administrative, civil, or criminal procedures or border measures in order to protect their design rights.

Administrative procedure - If a patent owner seeks to stop an infringement, a settlement between parties in accordance with the administrative measure can be the most preferred option, provided that the criteria for applying such measure are met. Administrative measures shall be applied in the following cases:

§          design right infringement that causes damages to the public or consumers;

§          continuing the infringement despite having been informed by a written notice from the patent owner;

§          all other infringement cases shall be settled in accordance with civil procedures.

Civil procedures – patent owner can file civil lawsuit against the allegedly infringer and claim for compensation before civil courts. The court of jurisdiction over design right infringements and disputes is the provincial People's Court where the defendant resides.

Currently, provisional measures applicable to acts of design right infringement are available. Prompt and effective provisional measures shall be applied when it is necessary to prevent an infringement from occurring, and to prevent infringing goods from entering into the channels of commerce (this includes preventing imported infringing goods from being dispersed into domestic distribution channels) and where such measures are needed to preserve relevant evidence in regards to the alleged infringement.

Criminal procedure - criminal procedures shall be applied at least in cases of serious infringing acts in respect of design rights, causing damages to the public interest.

Remedies: Sanctions must include imprisonment and/or monetary fines sufficient to provide a deterrent, consistent with the level of penalties applied for crimes of a corresponding gravity. Criminal remedies in appropriate cases must also include seizure, forfeiture and destruction of the infringing goods and of materials and instruments used to produce them.

Border control measures - border control measures shall include suspension of customs procedures of the release of goods suspected to infringe design rights and control, supervision to detect goods containing infringing elements.