Patents—Vietnam—Q&A guide
Patents—Vietnam—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Vietnam—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Vietnam published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020).

Authors: Pham & Associates—Pham Vu Khanh Toan

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

Under the Law on Intellectual Property of Vietnam (the IP Law 2005, amended in 2009 and 2019), a patentee is entitled to request the competent authorities to enforce its patent rights against an infringement in accordance with provisions of the IP Law and other relevant laws and regulations by means of administrative and civil actions (articles 198 and 199).

Administrative action is the best option for a patentee to stop an existing patent infringement quickly at a low cost. The action can be conducted against infringements that cause loss and damage to the author, rightholder, consumers or society (article 211). During administrative actions, competent authorities can search and seize infringing goods without notice to the infringer and if an infringement is found, the authorities may issue a decision on administrative sanctions, which may include a monetary fine up to 500 million dong depending on the value of the infringing goods and the infringing act, removal of the infringing element, and destruction

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