Tuesday, November 21, 2017
FAQs about IPR disputes in Vietnam

(1) Please tell us about the application of the Law on Intellectual Property to settling disputes over copyright and related rights?

Copyright and related rights protected under legal documents, which took effect before the effective date of Vietnam IP Law (July 1, 2006), will continue to be protected if their protection duration was still valid by this date. Courts shall therefore apply the provisions of Vietnam IP Law when settling disputes over these rights.

(2) Please tell us about the application of the Law on Intellectual Property to settling disputes over industrial property rights?

Application of Vietnam IP Law to settling disputes over industrial property rights:

"For industrial property rights established under protection titles granted under legal provisions in force before the effective date of the Vietnam Intellectual Property Law (July 1, 2006), and if procedures for maintenance, extension, modification, licensing, ownership assignment or settlement of disputes over those protection titles are compliant with the provisions of the Vietnam Intellectual Property Law, except for those on grounds for invalidation of protection titles, only provisions of legal documents in force by the time of grant of those protection titles will apply."

Vietnamese Courts shall therefore apply the provisions of the Intellectual Property Law in Vietnam when settling disputes over the above industrial property rights, except for disputes related to the determination of validity of protection titles, to which provisions concerning grounds for invalidation of protection titles of legal documents in force by the time of grant of those protection titles will apply

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