Intellectual Property Dispute

Intellectual Property Dispute

Intellectual property (IP) has become a cornerstone of innovation and creativity. Intellectual property rights, which encompass patents, copyrights, trademarks, and trade secrets, grant creators and inventors exclusive rights to their creations, encouraging further innovation and investment. However, as the boundaries of innovation expand, so too do the disputes surrounding these rights. Intellectual property right disputes have emerged as a pivotal challenge, requiring a delicate balance between protecting innovation and fostering healthy competition. If you want to send your detailed request or question, please contact Apolo Lawyers Law Firm via email: contact@apolo.com.vn or hotline - 0903.419.479.

1. The Role of Intellectual Property

Intellectual property serves as a crucial incentive for innovation. Patents encourage inventors to invest time and resources in developing new technologies, while copyrights safeguard artistic and literary creations. Trademarks establish brand identity and build consumer trust, fostering healthy market competition. Trade secrets, on the other hand, offer businesses a competitive edge by safeguarding confidential information.

Intellectual Property Dispute

2. What is an intellectual property right dispute?

In essence, a dispute is a conflict, contrary to the rights and interests of the parties involved. Intellectual property rights according to Clause 1, Article 4 of the Law on Intellectual Property 2005 amended and supplemented in 2009, 2019 are defined as follows: Intellectual property right is the right of an organization or individual to intellectual property, including copyright and related rights, industrial property rights and rights to plant varieties.

So, intellectual property rights disputes are conflicts in the rights and interests of subjects related to copyright, rights related to copyright, industrial property rights, and rights to plant varieties.

From the above definition, intellectual property rights disputes can be divided into four types, namely:

• Copyright disputes may be of a purely moral and/or purely property-related nature.

• Related rights disputes.

• Industrial property rights disputes.

• Disputes over rights to plant varieties.

3. Competence to settle disputes over intellectual property

Settlement of intellectual property rights disputes means that a competent agency or organization considers and issues a decision to handle an intellectual property right dispute, on the basis of reviewing documents and evidence contained in the case. Disputes aimed at protecting the legitimate rights and interests of individuals, agencies and organizations

After determining the jurisdiction of the Court by trial level, it is necessary to determine the jurisdiction of the Court by territory. The specific determination of the jurisdiction of the Court to settle disputes should be based on the provisions of the Law on Dispute Resolution Civil Procedure Code 2015.

4. Some limitations and inadequacies in resolving disputes over intellectual property rights at Court

4.1. Long settlement time

According to the provisions of Article 179 of the CPC, the time limit to prepare for the first-instance trial for civil cases is 4 months, for business-commercial cases is 2 months from the date the Court accepts the case; for cases of complicated nature or due to objective obstacles, the extension may be extended but not exceeding 2 months for civil cases and 1 month for commercial business cases. It can be said that the long settlement time is one of the basic reasons why intellectual property rights holders are afraid to initiate lawsuits to request the Court to protect their rights and interests against acts of intellectual property rights. infringement. Instead, they asked the competent authorities to handle the infringements administratively to ensure the prompt and timely termination of such infringements.

4.2. Lack of effective interim measures for infringements of intellectual property rights

Like the right to request the Court to apply interim urgent measures to temporarily resolve the urgent claims of the involved parties, protect evidence, preserve the existing status to avoid causing irreparable damage or Ensuring the enforcement of judgments by intellectual property right holders is one of the advantages of civil remedies compared to criminal and administrative measures, however, the provisions of current law on measures The temporary emergency for violations of intellectual property rights has not been really effective.

Intellectual Property Dispute

Thus, with the long settlement time plus the fact that the infringements have not been prevented in a timely manner, it may be the cause that the intellectual property rights holders are afraid of taking legal action to the Court. to handle by civil measures, but instead, they choose to handle the infringement by administrative means.

Intellectual property rights disputes are a natural consequence of the dynamic innovation landscape we inhabit. As new technologies emerge and creativity flourishes, these disputes will continue to evolve. If you need advice and support, you can contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479.

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