2. Judgment
  3. Compilation of several economic judgments on intellectual property disputes in Vietnam
26/09/2024 15:20

Compilation of several economic judgments on intellectual property disputes in Vietnam

Compilation of several economic judgments on intellectual property disputes in Vietnam

What is intellectual property according to the law in Vietnam? What are some first-instance and appellate economic judgments on intellectual property disputes in Vietnam?

1. What is intellectual property according to the law in Vietnam?

According to Clause 1 Article 4 Law on Intellectual Property 2005 (amended 2009, 2019), intellectual property right is the right of organizations and individuals to assets created by intellect, including copyright and related rights to copyright, industrial property rights, and rights to plant varieties.

In detail:

- Copyright is the right of organizations or individuals to works created or owned by them.

- Related rights to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals over performances, sound recordings, video recordings, broadcast programs, and encrypted program-carrying satellite signals.

- Industrial property rights are the rights of organizations or individuals to inventions, industrial designs, layout designs of semiconductor integrated circuits, trademarks, trade names, geographical indications, business secrets created or owned by them, and the right to prevent unfair competition.

- Rights to plant varieties are the rights of organizations or individuals to new plant varieties created or detected and developed or entitled to ownership.

(Regulations in Clauses 2, 3, 4, 5 Article 4 Law on Intellectual Property 2005 (amended 2009, 2019))

2. Compilation of several economic judgments on intellectual property disputes in Vietnam

Pursuant to Clause 1 Article 7 Decree 105/2006/ND-CP, infringements of copyright may fall into one of the following forms:

- Unauthorized copies of works;

- Unauthorized derivative works;

- Fake works, signature forgery of the author, plagiarism, or wrongful appropriation of the copyright;

- Unauthorized excerpt, copying, assembly of parts of the work;

- Products with technical devices protecting copyright disabled illegally.

Below is a summary of some first-instance and appellate economic judgments on intellectual property rights disputes:

No. Judgment Title Date of Judgment Court of Trial
* First-instance
1 Judgment 19/2020/KDTM-ST on intellectual property rights dispute September 17, 2020 Hanoi People's Court
2 Judgment 17/2019/KDTM-ST on intellectual property rights dispute May 31, 2019 Hanoi People's Court
3 Judgment 01/2018/KDTM-ST on intellectual property rights dispute October 29, 2018 Hung Yen Provincial People's Court
4 Judgment 19/2023/KDTM-ST on intellectual property rights dispute June 22, 2023 Hanoi People's Court
5 Judgment 01/2023/KDTM-ST on intellectual property rights dispute February 08, 2023 Đắk Lắk Provincial People's Court
6 Judgment 04/2021/KDTM-ST on intellectual property rights dispute May 10, 2021 Binh Duong Provincial People's Court
7 Judgment 01/2015/KDTM-ST on intellectual property rights dispute September 16, 2015 Tay Ninh Provincial People's Court
8 Judgment 28/2019/KDTM-ST on domain name intellectual property rights dispute July 24, 2019 Hanoi People's Court
9 Judgment 36/2018/KDTM-ST on intellectual property rights dispute October 19, 2018 Hanoi People's Court
* Appellate
10 Judgment 01/2019/KDTM-PT on intellectual property rights dispute January 09, 2019 High People's Court in Ho Chi Minh City
11 Judgment 72/2023/KDTM-PT on intellectual property rights dispute July 05, 2023 High People's Court in Ho Chi Minh City
12 Judgment 110/2023/KDTM-PT on intellectual property rights dispute October 17, 2023 High People's Court in Ho Chi Minh City
13 Judgment 44/2023/KDTM-PT on intellectual property rights dispute May 24, 2023 High People's Court in Ho Chi Minh City
14 Judgment 12/2022/KDTM-PT on intellectual property rights dispute February 28, 2022 High People's Court in Ho Chi Minh City
15 Judgment 60/2020/KDTM-PT on intellectual property rights dispute September 10, 2020 High People's Court in Ho Chi Minh City
16 Judgment 27/2020/KDTM-PT on intellectual property rights dispute September 21, 2020 High People's Court in Hanoi
17 Judgment 54/2023/KDTM-PT on intellectual property rights dispute and compensation for damages June 15, 2023 High People's Court in Ho Chi Minh City
18 Judgment 19/2023/KDTM-PT on intellectual property rights dispute over protected trademarks November 22, 2023 High People's Court in Da Nang
19 Judgment 13/2020/KDTM-PT on intellectual property rights dispute - License Agreement June 22, 2020 High People's Court in Da Nang
20 Judgment 35/2020/KDTM-PT on intellectual property rights dispute, invention between legal entities July 15, 2020 High People's Court in Ho Chi Minh City
21 Judgment 80/2019/KDTM-PT on intellectual property rights dispute and request to cancel individual decision December 24, 2019 High People's Court in Ho Chi Minh City
22 Judgment 35/2020/KDTM-PT on intellectual property rights dispute, invention between legal entities July 15, 2020 High People's Court in Ho Chi Minh City
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
  • - Articles may be compiled from a variety of sources;
  • - Applicable Terms may have expired at the time you are reading;
  • - If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn
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