How Can IPR Holders Protect Intellectual Property Rights in Vietnam?

Measures to protect intellectual property rights in Vietnam

An intellectual property right holder shall have the right to apply the following measures to protect intellectual property rights in Vietnam of such holder:

How can IP right holders protect intellectual property rights in Vietnam?

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual property rights in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

How IP Agent can help to protect intellectual property rights in Vietnam?

An Intellectual Property (IP) agent in Vietnam can play a crucial role in helping IP right holders protect intellectual property rights in Vietnam. 

1. Registration and Application

IP agents help protect intellectual property rights in Vietnam of the IP rights holder.  IP agents can assist right holders in registering their patents, trademarks, copyrights, and industrial designs with the relevant Vietnamese authorities, such as the National Office of Intellectual Property (NOIP) and the Copyright Office of Vietnam (COV). They help prepare and submit the necessary documentation, ensuring compliance with local requirements.

2. Conducting Searches

IP agents can conduct comprehensive searches to identify any potential conflicts with existing IP rights in Vietnam. This helps right holders avoid infringing on existing intellectual property and determine the uniqueness of their creations, hence protect intellectual property rights in Vietnam of the holders.

3. Filing and Prosecution

IP agents can handle the entire application and prosecution process on behalf of the right holders, including responding to office actions, attending hearings, and navigating the bureaucratic procedures involved in obtaining and maintaining IP rights in Vietnam.

4. Enforcement

When IP rights are violated in Vietnam, IP agents can help right holders take legal action to protect their rights. This may involve sending cease-and-desist letters, initiating legal proceedings, and working with local authorities to seize counterfeit goods.

5. Due Diligence

IP agents can assist right holders in conducting IP due diligence to assess the value and potential risks associated with IP assets. This is particularly important in mergers, acquisitions, and licensing agreements.

6. Monitoring and Renewal

IP agents can help right holders keep track of important deadlines for IP maintenance and renewals, ensuring that their IP rights remain in force and are not inadvertently lost.

7. Recordal of Changes

When there are changes to IP ownership, such as transfers or licensing agreements, IP agents can help right holders record these changes with the relevant authorities to maintain the accuracy of the IP register.

8. Customs Recordation

IP agents can help right holders record their IP rights with Vietnamese customs authorities, enabling the interception of counterfeit goods at border checkpoints.

9. Mediation and Negotiation

IP agents can represent right holders in negotiations and mediation with potential infringers to reach amicable resolutions or licensing agreements.

10. Education and Training

IP agents can provide education and training to right holders, helping them understand the importance of IP rights, how to protect them, and how to prevent IP infringement within their organizations.

It’s important to note that hiring a qualified IP agent in Vietnam is crucial for effective IP protection. Such agents should have a deep understanding of Vietnamese IP laws and regulations and a track record of successfully assisting clients with IP-related matters in the country. Additionally, right holders should always stay actively involved in the IP protection process and maintain communication with their chosen IP agent to ensure the best possible protection for their intellectual property in Vietnam.

ANT Lawyers, IP Agent in Vietnam

An IP agent could help you by providing expert advice, representation, and support throughout the legal process in Vietnam. They could also help you by protecting your rights, interests, and assets from any potential risks or liabilities.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance while doing business in Vietnam.