Some new regulations on resolving intellectual property ownership disputes in Vietnam

Intellectual property ownership is the right of organizations and individuals over the results of their creative activities in the fields of literature, science, art, and industry. Intellectual property assets bring immense economic value, but being intangible assets makes them difficult to control on a broad scale. Therefore, disputes can easily arise. Below are some new regulations on resolving intellectual property ownership disputes in Vietnam.

What is a dispute about intellectual property ownership?

Disputes over intellectual property ownership involve conflicts over the ownership and use rights of intellectual property objects and conflicts regarding material and spiritual benefits arising from the use and exploitation of those objects.

Disputes over intellectual property ownership can arise from the direct use of intellectual property objects or from transactions related to the exploitation of intellectual property rights, such as transfer contracts, licensing contracts, capital contribution contracts with intellectual property ownership rights, etc.

Characteristics of intellectual property ownership disputes in Vietnam

– Intellectual property ownership disputes are often diverse and complex because they are closely tied to technical and specialized technological factors in various fields. Therefore, accurate assessment and identification are not easy for disputing parties and authorities responsible for resolving disputes. It requires consulting the opinions of specialized organizations in the field of intellectual property ownership.

– Disputes over intellectual property ownership require high security. Most transactions involving intellectual property rights demand high confidentiality as they involve intellectual property assets, especially transactions related to patents and trade secrets.

Types of intellectual property ownership disputes in Vietnam

Disputes over copyright:

– Disputes between individuals regarding copyright for literary, artistic, scientific works, or derivative works.

– Disputes among co-authors regarding the division of copyright.

– Disputes between individuals and organizations regarding copyright ownership.

– Disputes between authors and copyright owners regarding remuneration for the creation of the work.

– Disputes between copyright owners and users of the work without permission.

– Disputes over transfer contracts or contracts transferring the right to use the work.

– Disputes resulting from copyright infringement.

– Disputes regarding inheritance or succession of copyright.

Disputes over rights related to copyright:

– Disputes determining who has the ownership rights related to copyright.

– Disputes between investors and performers regarding performance rights.

– Disputes between recording producers and performers regarding material benefits.

– Disputes between broadcasters and users regarding material benefits.

– Disputes between performers, recording producers, or broadcasters, and organizations or individuals using related rights without permission.

– Disputes over transfer contracts or contracts transferring the right to use related rights.

– Disputes resulting from acts of infringement of related rights.

– Disputes regarding inheritance or succession of related rights.

Disputes over industrial property ownership

– Disputes over the registration of patents, utility solutions, industrial designs, semiconductor integrated circuit layout designs, trademarks, geographical indications.

– Disputes over patent rights, utility solutions, industrial designs, semiconductor integrated circuit layout designs.

– Disputes arising from acts of infringement against objects of industrial property ownership.

– Disputes over remuneration for patent rights, utility solutions, industrial designs, semiconductor integrated circuit layout designs.

– Disputes over transfer contracts, contracts transferring the right to use objects of industrial property ownership.

– Disputes regarding inheritance or succession of industrial property ownership.

– Disputes arising from unfair competition practices.

Cases of Intellectual Property Infringement in Vietnam

Burden of proof in intellectual property ownership disputes in Vietnam

In addition to the burden of proof for plaintiffs and defendants as stipulated by the Civil Procedure Code, parties involved in intellectual property ownership disputes in Vietnam also have additional burdens of proof, as follows:

Burden of proof for plaintiffs:

– Plaintiffs must prove their ownership of intellectual property rights with one of the following pieces of evidence: Certificate of copyright registration, certificate of related rights registration, exclusive patent certificate, exclusive utility solution certificate, exclusive industrial design certificate, trademark registration certificate, etc. Other evidence to prove the basis for the emergence of copyright or related rights in cases where registration is not possible. Evidence proving rights to trade secrets, trade names, famous trademarks. Contracts transferring the object of intellectual property ownership, etc.

– Plaintiffs provide documents and evidence proving the defendant’s infringement of intellectual property rights.

– Plaintiffs must provide documents and evidence proving actual damages incurred and specify the basis for determining the amount of compensation if claiming damages.

– If the plaintiff proves that due to the evidence to prove its claim being controlled by the opposing party, making it impossible for the plaintiff to access, the plaintiff has the right to request the Court to compel the controlling party to present that evidence.

Burden of proof for defendants:

In cases of infringement on patents, which are a manufacturing process, the defendant must prove that their product is manufactured using a process different from the protected process in the following cases:

– The product is manufactured according to the protected process and is new.

– The product is manufactured according to the protected process, but the patent owner believes that the defendant’s product is manufactured according to the protected process, and although using necessary measures, the court cannot determine the process the defendant uses to produce the product.

– In cases where the defendant can prove that due to the evidence to prove its claim being controlled by the opposing party, making it impossible for the defendant to access, the defendant has the right to request the Court to compel the controlling party to present that evidence.

Determining the amount of compensation for intellectual property infringement in Vietnam

Basis for determining material damage:

– The total material damage of the plaintiff is calculated by adding the money to the profit that the defendant has obtained from the infringement of intellectual property rights, if the reduced profit of the plaintiff has not been included in the total material damage.

– The price of transferring the right to use the object of intellectual property ownership with the assumption that the defendant is transferred the right to use that object within the scope corresponding to the committed infringement.

– According to the method of calculating material damage provided by the subject of intellectual property ownership in accordance with the law.

– In cases where it is impossible to determine the amount of material compensation for the damage according to the above criteria, the court will determine the amount of material compensation for the damage on the basis of considering the extent of the damage, but not exceeding 500 million VND.

Basis for determining compensation for moral damage:

From 5 million VND to 50 million VND, depending on the degree of damage.

Additionally, the plaintiff has the right to request the Court to compel the defendant to pay reasonable costs for hiring a lawyer.

Lawyers specializing in resolving intellectual property disputes in Vietnam

With a team of lawyers trained extensively in intellectual property and many years of experience in intellectual property cases in Vietnam, we take pride in providing our clients with professional and effective services in handling intellectual property disputes.

Contact Us Now:

DCNH LAW

Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.

Phone: (+84) 343320223 – 974278893

Email: [email protected]