Creative rights are only as strong as their enforcement. From combating infringement to asserting your intellectual property in court, we provide strategic legal support to help protect and defend your innovations, brands, and creative works in today’s highly competitive market.
When your intellectual property is misused or infringed, prompt and decisive legal action is essential. Enforcing IP rights not only safeguards your market position and reputation but also deters future violations. Whether you need to initiate enforcement or defend against claims, a robust litigation strategy is critical.
Full-spectrum assistance is provided to rights holders for asserting and defending IP rights through various legal channels.
Prior art searches are conducted, and the novelty, inventive step, and industrial applicability of inventions are assessed to evaluate patentability before submission.
Cease-and-desist communications and other pre-litigation measures are employed to halt infringing activities and seek compliance before formal proceedings.
Representation is available in administrative IP disputes and court litigation involving trademarks, copyrights, patents, and other IP rights.
Coordination with customs authorities to record IP rights and prevent the import or export of infringing goods is facilitated.
Monitoring of online platforms and issuance of takedown requests support protection against counterfeit goods and unauthorized digital content.
Alternative dispute resolution methods such as mediation and settlement negotiations are pursued when appropriate to resolve conflicts efficiently.
Effective enforcement of intellectual property rights is critical to protecting assets and maintaining a competitive market position.
Get a ConsultationAnswer:
Vietnam provides three main enforcement mechanisms for intellectual property (IP):
Civil: Lawsuits before courts to claim damages and request cessation of infringement.
Administrative: Filing complaints with state agencies for administrative sanctions such as fines, seizure, and destruction of infringing goods.
Criminal: Applied in serious cases such as large-scale infringement or counterfeiting.
Answer:
Civil litigation is preferable when:
The rights holder seeks monetary compensation for damages.
The infringement is complex, recurring, or has caused significant loss.
A legal precedent or public ruling is desired for deterrence.
Answer:
Depending on the type of IP and infringement, relevant authorities include:
The Inspectorate of the Ministry of Science and Technology or provincial-level Departments of Science and Technology.
Market Surveillance Departments.
Customs authorities (for cross-border IP infringement).
Economic police (in cases involving criminal elements).
Answer:
Yes. Rights holders can request provisional measures such as:
Suspension of the infringing acts,
Seizure of infringing goods,
Preservation of evidence.
Courts may require the applicant to show urgency and submit a security bond.
Answer:
Criminal liability may apply to:
Trademark or geographical indication counterfeiting,
Large-scale piracy of software, literary works, or audiovisual materials,
Trading in counterfeit goods that violate IP rights.
Criminal provisions are found in Articles 225–226b of the Vietnamese Penal Code.
