06/10/2022 11:57

Violations of intellectual property rights and related judgments in Vietnam

Violations of intellectual property rights and related judgments in Vietnam

I am currently involved in a dispute regarding intellectual property rights. Can you please provide me with some judgments related to this issue for reference? – Mr. Le Huy (Ho Chi Minh City, Vietnam)

Hi Mr. Huy. Below are some notable judgment on dispute over intellectual property rights in Vietnam that have been updated on Lawnet.

1. Judgment on intellectual property rights disputes No. 41/2020/DS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: Plaintiff M Corp is the patent holder for the active ingredient Sitagliptin, licensed by the US Food and Drug Administration. The Plaintiff knows that H1 Company has been importing, storing, and distributing drug products "GETSITALIP 100mg" and "GETSITALIP 50mg" in Vietnam. Both drugs, GETSITALIP 100mg and GETSITALIP 50mg, that the Defendant imported, stored, and distributed contain the active ingredient Sitagliptin phosphate monohydrate and have the same purpose of using the Plaintiff's inventions, which are protected by BDQSC No. 5684 and BDQSC No. 7037. According to the assessment conclusion of the Institute of Intellectual Property, the active ingredient Sitagliptin in the drug products "GETSITALIP 100mg" and "GETSITALIP 50mg" coincides with the patent protected by the Plaintiff. Thus, the defendant's import and trade in drug products "GETSITALIP 100mg" and "GETSITALIP 50mg" is an infringement of the patent rights of the plaintiff. Therefore, M Corp filed a lawsuit requesting to force the defendant to stop all acts of infringing intellectual property rights on the patent and to pay damages.

2. Judgment on intellectual property rights dispute No. 01/2019/KDTM-PT

- Level of trial:  Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: Company D was granted a Certificate of Trademark Registration (hereinafter referred to as "Certificate of Registration") "Asano, picture" No. 107919 dated August 25, 2008 for goods of Group 07, Group 09, and Group 11. In 2015, Company D discovered in the market that Company A used the ASANZO trademark to attach to the goods and services of Company A Vietnam, such as televisions, air conditioners, blenders, and many other household goods with designs and brands similar to the trademarks that Company D has registered for protection. The assessment results of the Institute of Intellectual Property Science confirmed that the ASANZO sign is an infringing element of the rights to the ASANO trademark. The actions of Company A in Vietnam have infringed on Company D's legitimate rights and interests, causing a serious decline in the reputation of Company D. Therefore, Company A Vietnam violated, so Company D filed a lawsuit with the court at the request of Company A Vietnam to stop the infringement, force a public apology, and compensate for damage.

3. Judgment No. 27/2020/KDTM-PT dated September 21, 2020 on intellectual property rights disputes

- Level of trial:  Appellate

- Judicial body: High People's Court in Hanoi

- Summary of content: Mr. Nguyen Van N discovered that V One Member Limited Liability Company had infringed his copyright on the work: "The plan for printing and issuing lottery tickets effectively saves the cost of printing lottery tickets." Company V has illegally copied, adapted, adapted, compiled from the lottery in his protected copyright, mutilated, shuffled, renamed, changed surname, misrepresented moral rights, and changed the position and layout of the ticket he designed, in order to cover the eyes of the copyright holder as well as the state management agency. Therefore, he filed a lawsuit asking the court to try forcing the defendant to admit that he had infringed his copyright and to apologize and pay remuneration based on the annual tax report.

4. Judgment No. 60/2020/KDTM-PT dated September 10, 2020 on intellectual property rights disputes

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: Company T is the owner of the trademark "AIKIDO" according to the Trademark Registration Certificate No. 64442 protecting the product "medical gloves; medical equipment; medical instruments; condoms for contraception" and Industrial Design Patent No. 8523 protecting the industrial design "Patch box". Company P used the product packaging "cold pack" with a design that is not significantly different from the industrial design "Patch box," which is protected by Patent No. 8523. At the same time, this company also used the sign "Aikido" to attach to product packaging and transaction documents in business activities; on advertising media, business means; and on other documents related to the importation, trading, and storage for sale of "cold pack" products. Company P also uses all other commercial indications of Company T, such as the name, address of the manufacturer, importer, barcode number, etc., 
to attach to the packaging of products "cold packs" imported and traded by themselves. Therefore, Company T filed a lawsuit asking the court to force Company P to immediately stop the infringement of rights, apologize, and make public corrections.

5. Judgment on intellectual property and invention rights disputes between legal entities No. 35/2020/KDTM-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: MS&D currently holds many patents worldwide. Sitagliptin and related patents are among the most important of MSD's patents. The MSD discovered that the pharmaceutical products of DVP Company called Zlatko-100 and Zlatko-50 that have been granted marketing authorization contain the main compound, Sitagliptin phosphate monohydrate, which is under the protection of Patent No. 7037. Although MSD sent a warning letter, the agent did not reply. The Vietnam Institute of Intellectual Property Science issued an assessment conclusion confirming that the drug product containing the compound Sitagliptin phosphate monohydrate, which is also the active ingredient of the drug products Zlatko-100 and Zlatko-50, is a duplicate of the invention No. 7037 being protected by MSD Company. Therefore, MSD filed a lawsuit asking the agent to stop all infringements of the right to the invention and to pay damages.

Best regards!

Phuong Uyen
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