Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Vietnam
Yes. Interim and permanent injunctions are available under the Law on Intellectual Property. Interim injunctions may be awarded by a court upon or after the initiation of a lawsuit, and before hearing the counterargument of the party that will be affected by such interim injunction. An injunction may be applied to goods that are suspected of infringing IP rights, raw materials and materials or facilities for the production or trading of such goods, and may take one of the following forms:

  • retention;
  • seizure;
  • prohibition against any alteration of the original state of such goods or any movement of such goods; and
  • prohibition against transfer of ownership.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.2
What is the standard to obtain an injunction?
 
Vietnam
An injunction can be obtained if:

  • there is a risk that irreparable harm would be caused to the patent owner in the absence of an injunction; or
  • allegedly infringing goods or evidence related to the allegedly infringing acts is likely to be dispersed or destroyed in the absence of an injunction.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.3
Are damages available?
 
Vietnam
Yes.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.4
What types of damages are available?
 
Vietnam
Damages include material damages, moral damages and other expenses in support of the damages claim, including reasonable attorneys’ fees.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.5
What is the standard to obtain certain types of injunctions?
 
Vietnam
No specific standards apply.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Vietnam
The patent owner can request the court to calculate the damages on either of the following bases:

  • total material damages calculated as the amount gained by the infringer, without taking account of the reduced profits of the patent owner; or
  • the amount that it would have cost the infringer to obtain a licence to use the patent in the way in which it was used in the infringement.

If the compensation cannot be determined on either basis, the compensation level will be set by the court, but must not exceed VND500 million.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.7
Are sanctions available?
 
Vietnam
Yes. The following civil liabilities may be imposed on the infringer:

  • compulsory termination of the infringement;
  • compulsory public apology and rectification;
  • compulsory performance of civil obligations;
  • compulsory payment of damages for loss; and
  • compulsory destruction, distribution or use for non-commercial purposes of goods, raw materials, and materials and facilities used principally for the production or trading of infringing goods, provided that this will not affect the exploitation of IP rights.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.8
What kinds of sanctions are available?
 
Vietnam
Yes. Sanctions will be imposed on an infringer only where administrative remedies are sought. They include:

  • major sanctions (eg, caution, fine);
  • additional sanctions (confiscation of infringing evidence, forcible suspension of business practices); and/or
  • remedies (eg, forcible removal or destruction of infringing articles, forcible distribution or use for non-commercial purposes of infringing articles).
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.9
Can a party obtain attorneys’ fees?
 
Vietnam
Yes.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
9.10
What is the standard to obtain attorneys’ fees?
 
Vietnam
There are no rules or specific guidelines on the standard for obtaining attorneys’ fees. In practice, from court to court, attorneys’ fees of up to $10,000 are often awarded.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners