Intellectual Property Litigation

Civil Procedure for IP Enforcement in Vietnam

Published: December-2023

Under prevailing laws, the IP rights in Vietnam could be enforced under four different remedies, namely: civil enforcement, criminal enforcement, administrative enforcement, and customs border enforcement. Follow our guide to learn all about IP Enforcements.


Intellectual Property Law Firm & Lawyers In Vietnam

The Intellectual Property practice at Le & Tran is rapidly emerging as one of the leading Intellectual Property (IP) law firms in Vietnam. With over a decade of experience, Le & Tran has a depth of knowledge in handling patents, trademarks, copyrights and related IP litigation.

Le & Tran’s team of IP attorneys specializes in helping clients leverage their intellectual property to drive success in the market. With extensive expertise in this field, our lawyers offer strategic guidance on establishing and developing IP holdings, as well as protecting and defending intellectual property rights. We work closely with clients to ensure they derive maximum value from their investments by providing comprehensive assistance in areas such as patents, trademarks, copyrights, licensing, and technology transfers. Our attorneys offer valuable advice on acquiring and safeguarding valuable intellectual property assets. At Le & Tran, we are committed to helping our clients navigate the complexities of IP law and achieve their business objectives.

What Is An Intellectual Property Law Firm?

Intellectual property law encompasses various areas such as trademarks, patents, copyrights, and related subjects. It serves to safeguard the rights of businesses and individuals who create or own intellectual property, including inventions, industrial designs, domain names, creative works, logos, trademarks, design rights, business or brand names, and computer software. This field requires a combination of legal and technical expertise covering topics such as trademarks, patents, designs, copyrights, as well as other related aspects like domain names, trade secrets, and advertising.

Intellectual property law firms play a crucial role in providing specialized support to a wide range of clients, including start-ups, small and medium-sized enterprises (SMEs), and multinational corporations across diverse industries. These industries span sectors such as aviation, manufacturing, luxury goods, fast-moving consumer goods, pharmaceuticals, education and food & beverage.

In Vietnam, the intellectual property services offered typically include prosecution of trade marks, registration applications for patents, registered designs and copyrights, dispute resolution and enforcement, corporate & commercialisation advice and data protection.

How Is Le & Tran Law Corporation Different From Intellectual Property Law Firms?

Le & Tran stands out from specialized IP law firms in Vietnam by offering a broader range of services. As a litigation law firm, our team has extensive experience in IP litigation, handling disputes, and addressing IP violations in Vietnam. We provide comprehensive legal representation beyond licensing matters, ensuring that our clients receive strong advocacy and effective solutions for their IP-related issues.

The areas of Le & Tran’s IP practice include:

  •     Commercialization of IP, including strategic advice
  •     Copyright law
  •     Data Privacy and Security
  •     Domain name disputes
  •     False advertising
  •     IP litigation (both private and governmental)
  •     License, supply, distribution and related commercial agreements
  •     Ownership issues
  •     Packaging and labelling strategies
  •     Patents
  •     Portfolio management
  •     Technology transfer
  •     Trade secrets
  •     Trademarks, designs and branding

What Do Intellectual Property Lawyers Do?

Intellectual property lawyers in law firms provide crucial assistance to clients in protecting their ideas and creations. They offer a wide range of services, including handling patents, copyrights, trademarks, and other legal matters related to intellectual property, such as licensing, franchising, distribution, technology transfers, and trade secrets. These lawyers play a vital role in securing licenses for inventions, facilitating technology transfers, negotiating agreements, drafting licensing contracts, and conducting due diligence for IP-related issues. In case of disputes over intellectual property, they represent clients in litigation proceedings in local, federal, state, or international courts, as well as administrative agencies like the National Office of Intellectual Property (NOIP) in Vietnam. Their expertise also involves developing strategies to enhance the value of clients’ IP portfolios and providing advice on new regulations and rules to safeguard their unique ideas or creations.

What Is Vietnam’s Intellectual Property Law Like?

When it comes to intellectual property rights in Vietnam, there are several key considerations to keep in mind. Firstly, it is crucial to develop a comprehensive strategy to safeguard your intellectual property. This involves understanding the applicable laws and regulations in Vietnam. Secondly, it is essential to register and enforce your intellectual property rights within the country, as protection is primarily governed by national laws. This includes registering trademarks, patents, copyrights, and other relevant intellectual property assets. By adhering to Vietnamese laws and regulations, you can effectively protect your intellectual property against unauthorized use in the country.

Consequently, an overseas trademark or patent registration will not be effective in Vietnam unless it follows the specific Vietnamese regulations. As a member of the World Trade Organization and World Intellectual Property Organization, Vietnam has legislation that covers many aspects of protection of intellectual property in line with international standards required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

The National Office of Intellectual Property oversees the registration of IP. People can file an application for different types of intellectual property such as trademarks, patents, designs, layout-designs of integrated circuits, and geographical indication registrations. The granting of patents and trademarks are dependent on a first-to-file basis. Brands and businesses should think about how to get patent and trademark protection before introducing their products or services to the local market. Vietnam is a part of the Patent Cooperation Treaty (PCT) and the Madrid Agreement Concerning the International Registration of Marks (known as the Madrid System). Those applying can use these systems for filing international patent and trademark applications in order to request protection in the country.

The Copyright Office of Vietnam (COV) is responsible for copyright protection law. Although copyrights can be protected without any registration requirement, formal recordation of copyrights at the COV is strongly encouraged. This would greatly strengthen your case as evidence of ownership in the event of a dispute. A copyright notice is also recommended to be affixed to the copyrighted work. If companies want to protect trade secrets, such as data, formulas or other confidential information used in business, it is possible to take appropriate measures in line with Vietnamese law to maintain the secrets. Ultimately, it is the responsibility of the IP rights holders to register, protect, and enforce their rights where relevant. They should also hire their own legal counsel and advisors.

For any business in Vietnam, it is important to seek legal advice from local lawyers or IP consultants who are experts in Vietnamese law. It is also a good idea to do due diligence on potential local partners and work with legal counsel familiar with Vietnamese law to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions. Additionally, it is important for small and medium sized companies to work together with trade associations and organizations to support efforts to protect IP and stop counterfeiting.

However, there have been significant changes to Vietnam’s Intellectual Property Law made recently. These amendments include areas such as industrial property, copyrights, and the enforcement of intellectual property. The goal of these changes is to make the law more similar to what is practiced around the world. To stay updated about these changes and ensure your intellectual property is fully protected, consult our experienced team of attorneys now.

Why Engage Intellectual Property Lawyers From Le & Tran?

When seeking legal assistance in Vietnam, it is crucial to ensure that you engage with a reputable law firm. At Le & Tran Law Corporation, we offer clients the assurance of a quality service. Recognized as one of the premier practices in the country by the business community and international law firms, our firm holds high rankings from esteemed sources such as Chambers Asia Pacific, Legal500, Benchmark Litigation, and AsiaLaw Profiles. Situated in Ho Chi Minh City, Vietnam, we stand apart from specialized IP law firms that focus solely on intellectual property licensing matters. We provide comprehensive legal strategies to address potential risks associated with conducting business in Vietnam. Regardless of your specific needs, our team is equipped to assist you. When you choose to partner with us, you can have confidence in our professionalism and expertise as a leading firm in Vietnam. Contact our team to find out how we can meet your legal needs.