Intellectual property disputes can arise in many different situations, from infringement of industrial property rights to unfair competition. To protect their legitimate rights, individuals and organizations need to clearly understand the right to sue, jurisdiction, lawsuit procedures, and necessary evidence. This article will guide you through the important steps in filing a lawsuit in court regarding intellectual property disputes.
Filing a dispute case is the right of individuals, agencies, and organizations to file a lawsuit on their own or through a legal representative at a competent Court to request protection of their legitimate rights and interests.
Intellectual property disputes will be resolved by:
- The People's Court at the district, county, town, or centrally-run city level if there is no foreign element.
- The People's Court at the provincial level if one of the parties to the dispute or the property is abroad, or requires judicial entrustment to the representative agency of the Socialist Republic of Vietnam abroad, or to a foreign court.
- For intellectual property disputes where both parties have the purpose of profit, the case will be tried by the People's Court at the provincial level.
Step 1: Prepare the lawsuit file
The plaintiff must prepare a petition according to the provisions of Article 164 of the Civil Procedure Code. The petition must include basic information such as the names and addresses of the parties, the content of the request, the legal basis, and the accompanying evidence.
Step 2: Submitting the lawsuit
The lawsuit can be submitted directly to the Court or sent by post. Upon receipt of the application, the Court must record it in the application receipt book.
Step 3: Review and accept the case
Within five working days from the date of receipt of the application, the Court must review and make a decision on accepting the case or transferring the application to a competent Court.
Step 4: Prepare for trial
The trial preparation period is 04 months from the date of acceptance of the case. For complicated cases, the period may be extended by no more than 02 months. During this period, the judge will perform tasks such as taking statements, examining evidence, conciliation and appraisal.
Step 5: Bringing the case to trial
The Court must open a trial within 01 month from the date of the decision to bring the case to trial. The time for opening a trial may be extended but not more than 30 days if there is a legitimate reason.
- Plaintiff:
- Protection certificate or national register of intellectual property.
- Evidence to prove ownership of business secrets, trade names, famous trademarks.
- Copy of contract to use intellectual property objects if the right to use is transferred under the contract.
- Documents to prove infringement of intellectual property rights, including original or legal copies of descriptive documents, samples, photographs, video recordings of the product under consideration, minutes, statements, and other documents.
- Defendant:
- Prove that the objection is well-founded and provide evidence to prove his/her request.
- If it is impossible to access evidence controlled by the other party, he/she has the right to request the Court to force the party controlling the evidence to provide it.
The plaintiff must prove the actual damage and state the basis for determining the level of compensation as prescribed in Article 205 of the Law on Intellectual Property, including material and spiritual damages.
According to Article 206 of the Law on Intellectual Property, when detecting an infringement, the right owner may request the Court to apply temporary emergency measures such as seizing, attaching, sealing goods or related evidence.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
