Patent enforcement in Vietnam


What is patent infringement?

According to regulation, the following acts shall be regarded as infringements of the rights of owners of patent (invention patent):

  1. Using protected patent within valid terms of protection titles without permission of owners;
  2. Using a patent without paying compensation according to the provisions on provisional rights.

What is patent use?

The use of an industrial design means the performance of the following acts:

  1. Manufacturing the protected product;
  2. Applying the protected process;
  3. Exploiting utilities of the protected product or the product manufactured under the protected process;
  4. Circulating, advertising, offering, and stocking for circulation the protected product or the product manufactured under the protected process;
  5. Importing the protected product or the product manufactured under the protected process.

How to handle patent infringements?

Handling administrative remedies

According to regulations, the highest fine for individuals who infringe on the right to patent is VND 250,000,000. The maximum fine for organizations that infringe on the right to an industrial design is VND 500,000,000, as follows:

Handling civil remedies

According to regulation, Courts shall apply the following civil measures to handle organizations and individuals that commit acts of patent infringement:

  1. Compelling the termination of infringing acts;
  2. Compelling the public apology and rectification;
  3. Compelling the performance of civil obligations;
  4. Compelling the payment of damages;
  5. Compelling destruction, distribution, or use for non-commercial purposes of goods, raw materials, materials, and means used largely for the production or trading of patent-infringing goods, provided that such destruction, distribution, or use does not affect the exploitation of rights by patent rights holders.

Civil remedies are applied to handle acts of infringement at the request of patent owners, organizations, or individuals who suffer from the damage caused by those acts, even when those acts have been or are being handled by administrative or criminal remedies. The procedures for a request for the application of civil remedies and the competence, order, and procedures for the application of civil remedies shall comply with the provisions of law on civil procedures.

Handling criminal remedies

Currently, there are no provisions on criminal remedies to deal with infringements of patents.

How much does it cost to handle patent infringements?

Please contact us immediately to enjoy the best schedule of fees.

With a Team of deep expertise and more than 20 years of experience in the field of intellectual property protection based on our six Core Values, including Integrity, Empathy, Responsibility, Carefulness, Determination, and Learning, We (ELITE Law Firm) are committed to accompanying you and will support you in conducting this procedure successfully, quickly and economically. Contact us now!

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