Intellectual property law in Vietnam provides two main methods for rights holders to protect their trademarks: initiating civil lawsuits and requesting administrative sanctions.
Wide scope and objects of application: Rights holders can initiate civil lawsuits to protect their property rights against trademark infringement, including counterfeit goods, trademark counterfeiting, and unfair competition practices. Sometimes, an infringed trademark can be a protected work of art.
Remedial measures: The court may issue a ruling to force the violating party to stop the infringement, publicly apologize, compensate for damages, force the violating party to destroy or stop using the infringing goods.
For example, when a company manufactures counterfeit shoes of a well-known brand, the rights holder can ask the court to order the company to destroy all counterfeit products and compensate for damages caused by loss of reputation and revenue. Proof of damage: The right holder must prove that the infringement caused actual damage, which can be calculated from the total material damage to the profit that the infringer has earned.
Scope and sanctions: The right holder may request state management agencies to apply administrative measures such as fines, confiscation of counterfeit goods, suspension of business activities of the violating party.
Limitations: Fines from administrative measures are not compensation for rights holders but are remitted into the state budget.
For example, a market regulator can fine a retail store for selling counterfeit goods of a well-known brand, and confiscate goods and suspend the store's business.
When choosing a handling plan, the right holder needs to consider the seriousness and scale of the infringement. For large or serious cases, a combination of civil and administrative measures is reasonable to ensure the comprehensive protection of their rights against trademark infringement.
The use of civil and administrative measures is two important tools to help rights holders protect their trademarks within the scope of Vietnamese law, ensuring a healthy and fair business environment.
If you need more information or support on trademark infringement and intellectual property-related issues, please contact us for detailed and professional advice.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
