IP-related Court Proceedings in Vietnam
Under Articles 198 and 199 of the Law on Intellectual Property 2005 amended in 2009 and 2019 (“amended IP Law”) and related legislation, depending on nature and scale of IP infringement, an infringing act shall be subject to settlement through civil or criminal proceedings. Also, all Chapter XVII and Article 212 of amended IP law as well as Civil Procedures Codes and Criminal Procedures Codes stipulate civil measures, rights and obligations of parties, principle of determining compensation, provisionally urgent measures application and other related provisions in initiating a civil lawsuit or participating in a criminal proceedings prosecuted by the Procuracy.
DNI has strong expertise and intensive experience in representing clients before Vietnamese competent courts at all levels in relation to IP-related issues to assure that the clients’ rights and benefits are effectively and adequately protected. We always aim to help clients resolve their disputes in the most cost-effective and efficient way possible.
Our main services include, but not limited to:
- Providing legal advices on all aspects of court procedures;
- Preparing and lodging statement of claims before a competent civil court;
- Assisting the clients in paying advanced court fees and other charges prescribed by law;
- Collecting and supplementing materials and evidence to courts;
- Studying case files and taking notes and copying necessary materials as permitted in the case files in order to protect the legitimate rights and interests of the involved parties;
- Participating in mediation session, Court sessions; preparing and sending the written statement of protection of the legitimate rights and interests of the involved parties to Courts for consideration;
- Representing clients in court proceedings and hearings;
- Conducting other rights and obligations prescribed by law.