REMEDIES FOR SANCTIONING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN VIETNAM IN RECENT YEARS

Unlike conventional property rights, Intellectual Property Rights (IPRs) are characterized as the Rights to exist primarily in the form of information that having the potential to spread widely and are likely to be mass-materialized, thereupon, act as an affective entity that affecting the lives of many as well as the whole society. Therefore, an act of infringement of IPRs not only has negative effect on the IPRs holder but also on the interests of many other consumers as well as of the whole society.

In the context of increasing technological level, the production of IPRs infringing products can be conducted on a large scale and those infringing products can also be circulated widely, resulting in a very large number of people affected or harmed in the society. Since, the acts of infringements of IPRs are also acts of anti-social behavior, besides civil relations, the infringement of IPRs is also considered and handled in an administrative manner. The objective of administrative measures in the enforcement of IPRs is to protect the interest of third-parties and of the society, indirectly protect the IPRs holders. 

The following is a summary of administrative remedies for (the below file levels applied for INDIVIDUALS, will double for ORGANIZATIONS):

Over the years, the legal provisions on enforcement and protection of Intellectual Property Rights in Vietnam, including enforcement by criminal measures, have been strengthened and improved. Especially, the Criminal Code 2015 (amended in 2017) has for the first time regulated the criminal liability of legal entity for acts of infringement of IPRs in Vietnam. This is an important step forward in bringing the Criminal law of Vietnam closer to legal standards of developed countries in the world as well as preparing for the participation of Vietnam in Trade Agreements with highest commitments ever such as the European Union – Vietnam Free Trade Agreement (EVFTA) and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Particularly:

We hope the above provide you with brief information on penalties/remedies for sanctioning infringement of IPRs in Vietnam.

Should you have any questions, please do not hesitate to contact us at ageless@ageless.vn

We look forward to assisting you in this regard.

Very truly yours,

Ageless IP Attorneys & Consultants.

Our Clients

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