Intellectual property disputes

22 March, 2025 63 Views

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Intellectual property (IP) disputes have become an increasingly prominent issue in today’s digital era, as IP assets such as copyrights, patents, and trademarks play a crucial role in the global economy. These disputes often arise due to disagreements over ownership, usage, or protection of intellectual products and services. Resolving such disputes not only impacts the economic interests of the parties involved but also affects innovation and creativity within society.

Common types of intellectual property disputes

Intellectual property disputes

Group 1: Copyright disputes (Purely related to personal and/or property rights)

Disputes between individuals regarding authorship or co-authorship.
Disputes over naming, attribution, publication rights, and the integrity of works, including preventing unauthorized modifications or distortions that could harm the author’s reputation.
Disputes related to violations of the personal rights of authors or co-authors.
Disputes between authors and copyright owners concerning derivative works.
Disputes over copyright ownership between authors and organizations or individuals funding the creation of a work under an employment or contracting agreement.
Disputes between copyright owners and users of published works who use them without permission and without paying royalties, thereby affecting the normal exploitation of the work and harming the rights of the copyright owner.
Disputes between copyright owners and users who are required to pay royalties but fail to do so or negatively impact the normal exploitation of the work.
Disputes over contracts for copyright transfer, licensing, or service agreements related to copyright.
Disputes arising from copyright infringement acts under Article 28 of the Intellectual Property Law, such as unauthorized reproduction, distribution, sale, impersonation, publication, or circumvention of technological protection measures.
Disputes over inheritance and succession of economic rights and personal rights as stipulated in the Intellectual Property Law.
Other copyright-related disputes.

Group 2: Related rights (Neighboring rights) disputes

Disputes between investors and performers regarding personal and property rights over performances, as well as disputes between performers and users of performances over remuneration.
Disputes between phonogram/video producers and those exploiting these recordings concerning financial benefits.
Disputes between broadcasting organizations and users regarding financial benefits when broadcasted programs are recorded or distributed.
Disputes between performers, phonogram/video producers, and broadcasting organizations with users who exploit related rights without permission or payment, negatively affecting the normal exploitation of performances or recordings.
Disputes between copyright holders, performers, producers, and broadcasters with users who fail to pay royalties or cause harm to their rights.
Disputes over ownership of performances, phonograms, videos, and broadcast programs.
Disputes arising from acts of related rights infringement.
Disputes over inheritance and succession of related rights.
Other related rights disputes.

Group 3: Industrial property rights disputes

Disputes over patent, industrial design, layout design, trademark, and geographical indication registration rights.
Disputes over priority rights for patent, industrial design, and trademark applications.
Disputes over authorship of patents, industrial designs, and layout designs.
Disputes over personal and economic rights of inventors.
Disputes over temporary rights between patent applicants and existing users before patent grant.
Disputes between prior users and patent owners regarding transfer or expansion of usage rights.
Disputes over compensation between patent holders and those using the invention before the patent was granted.
Disputes over ownership rights of industrial property objects, including co-ownership.
Disputes arising from industrial property rights infringements, including unauthorized use of patents, industrial designs, trademarks, trade names, geographical indications, and unfair competition acts.
Disputes over remuneration for inventors of patents, industrial designs, and layout designs.
Disputes over contracts for industrial property rights transfer, licensing, or industrial property representation.
Disputes over inheritance and succession of industrial property rights.
Disputes arising from unfair competition related to industrial property.
Other industrial property disputes.

Group 4: Plant variety rights disputes

Disputes over registration, priority rights, and authorship of plant varieties.
Disputes over temporary rights between applicants and existing users before plant variety protection is granted.
Disputes over restrictions on plant variety protection rights, including personal and non-commercial use, experimental use, and use for breeding new varieties.
Disputes over remuneration obligations for plant variety breeders.
Disputes over the breeder’s duty to assist the rights holder in maintaining breeding materials.
Disputes over licensing contracts for protected plant varieties.
Disputes over ownership transfer contracts for protected plant varieties, including those originating from public funds.
Disputes arising from infringement of plant variety rights.
Other plant variety rights disputes.

Jurisdiction for resolving intellectual property disputes

Administrative resolution

Science and Technology Inspectorate: Handles violations related to industrial property disputes.
Information and Communications Inspectorate: Handles violations involving domain name misuse that infringe trademarks, trade names, or geographical indications.
Market Management Authority: Enforces penalties for IP violations in production, trade, and transportation within domestic markets.
Customs: Enforces penalties for IP violations related to import/export activities.
Police: Investigates, verifies, and collects evidence for industrial property rights infringements and supports enforcement.
People’s Committees: Handles administrative penalties for IP violations within their local jurisdiction.

Court jurisdiction

District People’s Court: Handles non-commercial IP disputes.
Provincial People’s Court: Handles IP disputes involving foreign parties, cases requiring judicial assistance, or commercial IP disputes.
Jurisdiction by Territory:
- The court where the defendant resides or is headquartered has primary jurisdiction.
- The plaintiff can file in their own jurisdiction if agreed upon by both parties.
- If the defendant’s residence or headquarters is unknown, the court in their last known location has jurisdiction.
- If the defendant is outside Vietnam, the plaintiff’s local court can handle the case.

Methods for resolving intellectual property disputes

Negotiation: The parties voluntarily discuss to resolve the dispute.
Mediation: Involves a neutral mediator and adheres to IP and civil law principles, ensuring fairness and legal compliance.
Litigation: When negotiation and mediation fail, parties can file a lawsuit.

Litigation process

Filing a Lawsuit: Prepare a lawsuit petition with required documentation.
Submitting the Petition: File in person or via mail.
Court Review: Within five days, the court decides to accept the case or transfer it to the appropriate court.
Case Preparation: Standard preparation takes up to four months, extendable by two months for complex cases.
Trial: The case proceeds to trial if unresolved during the preparation stage.

Intellectual property dispute resolution services at BKC Law

At BKC Law, we provide expert legal consultation and support for resolving intellectual property disputes. Our experienced attorneys help clients protect their IP rights through effective dispute resolution strategies, including legal analysis, negotiation, contract drafting, and litigation representation.

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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This article is intended to provide general information only and is not intended to provide any architectural solution ideas for any specific case. The legal regulations cited in the article were in effect at the time of posting but may have expired by the time you read it. BKC Law recommends that you consult a professional/lawyer before applying.