Question: We would like to know SBLAW’s legal service for settlement of an infringement action in Vietnam?
Answer: Regarding the subject matter, as the leading Vietnamese law firms (Tier 1 by Legal500, http://www.legal500.com/firms/34141-sb-law/34428-hanoi-vietnam)
We are capable of assisting you with handling all IP matters in Vietnam. For your further information, we cordially invite you to visit our official website at www.sblaw.vn. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the intellectual property registration proceeding in Vietnam as follows:
1.BRIEF INTRODUCTION TO SBLAW
SBLAW has been recognized as one of the leading and highly recommended business law firms in Vietnam. SBLAW advised clients in a wide variety including foreign and domestic investment consultancy, business law, intellectual property, banking and finance, corporate, commercial, property and real estate, tax, agreement and contract, arbitration and litigation, M&A, leasing, construction, employment, insurance, enterprise development and management.
SBLAW is a perfect choice for large and medium-sized businesses, local and international corporations and organizations. SBLAW is a full-serviced law firm, dedicating to many clients who have been working with us for many years, among IBM, AIA, TOTAL, ExonMobil, ESCO, HTC, CSC, LG, DBS bank, ICBC, ING Bank, Hong Leong Bank, Bridge Mind Consulting Pte., Ltd; Luxasia; DSM Singapore Industrial Pte., Ltd, Nippon Steel, Innovar Vietnam, SmartEbook.com, UBM, Netrove Venture, Argentina Embassy in Vietnam, MSH (non-government organization), ADRA, Military Bank, VICEM, VINACONEX, VNPT, VTC Online, VSTV, Vinacomin, Trung Nguyen Group, Kinh Do Group Corporation, HIPT, Viettel Real Estate, VietsovPetro.
Specially, our clients related to settlement of an infringement action in Vietnam include companies that come from USA, Switzerland, China, namely:
- USA companies: settlement the software infringement action and counterfeit products
- Switzerland Company: settlement the trademark infringement action and company name infringement which is also similar to your present case.
- China Taiwanese companies: settlement the trademark infringement action, settlement the domain name infringement action.
Regarding to your company requirement, we confirm that with many years of experience in the field of Intellectual Property, SB Law’s lawyers are fully capable to advise and represent for your company in this matter. In particularly, we are the very first law firm company can deal with the infringement of company name since the Decree on this issue has just been issued. Listed below are participating lawyers whose will direct advice and take part in the implementation of your company case:
|1.||Pham Duy Khuong (Mr.)||Director, IP Lawyer||
|2.||Nguyen Bui Anh Tuan (Mr.)||IP Enforcement, IP Lawyer||
The professional performance and services provided by SBLAW has been highly appreciated by both local and international clients.
- SBLAW is proud to be awarded by ASIALAW Profiles – the world a reputable organization on ranking the leading domestic law firms in Asia Pacific. The ranking are based on the recommendations of in-house counsel at the world’s most prominent companies and financial institutions, as well as the leading lawyers, attorneys and solicitors in each legal market.
- In 2012, SBLAW received honor award by The Legal 500, the most comprehensive worldwide coverage currently available on legal services providers in over 100 countries. SBLAW emerged winner among many other leading law firms in the country for our excellent quality of legal service.
- In 2012, SBLAW continued to be ranked for the professional achievement and experience in finance and banking by IFRL1000 (the Guide to the World’s Leading Financial Law Firms).
- In November 2012, S& BLAW had one more feather to its cap, for being selected as one of the five law firms awarded by the People’s Committee of Hanoi for the achievement in consultancy to protect the rights and benefits of State and citizens.
- In 2013-2018 SBLAW continued to be ranked for professional achievement and experienced in finance, banking and Intellectual Property by The Legal 500.
- In 2013& 2016, Mr. Nguyen Thanh Ha – Managing Partner and Mr. Pham Duy Khuong – Executive Partner of SBLaw are ranked as Leading Lawyers in Vietnam by ASIA LAW.
2. SCOPE OF WORKS AND FEES
2.1. Scope of works
Requesting Vietnam Intellectual Property Institute Research (VIPRI) to examine and conclude whether the infringement or not?
Accordingly, we will assist you to prepare and file a request for examination to VIPRI. VIPRI will exam and conclude whether the infringement or not?
If the conclusion of VIPRI is positive, the chance of success will be high. The conclusion of VIPRI is one of the most importance evidence for settling this case.
The result of the examination will be issued within 15-25 working days.
Sending the warning letter:
Upon the conclusion of VIPRI, we will send a warning letter to the alleged infringer and request them to immediately stop their infringement.
We will give a period of 15 working days for the infringer to consider and take our demand.
This action is not compulsory but it could save the time and fee for your company in case the alleged infringer agrees to our request.
Requesting the authorized state agency to handle and settle this case
According to this action, we will draft and file an appeal to the state agency and request them to handle and settle this case. The alleged infringer may be punished and will be required to stop immediately the implementation of the infringement of the plant variety protection.
Depending on the complication of the case, it may take about 1 – 3 months for settlement.
Filing law suite
Under these circumstances, on behalf for your company, we file the lawsuit petition to the court and ask them to implement one all of the following actions:
– Apology on the website where the infringer is managed;
– Compensation for damage to the actual damage that your company has incurred (including the for infringement and legal fees and costs incurred in pursuing this matter);
– Stop immediately the implementation of the infringement of the plant variety protection;
Depending on the progress of the case, the court could be resolved the case within 1-3 years or more.
2.2. The estimated fee for taking the above mentioned actions
Our estimated fees for taking the aforementioned actions will be calculated as following tables:
|1||Requesting VIPRI to perform the examination (per request)||500.00|
|2||Sending the warning letter (per letter)||400.00|
|3||Requesting the authority state body to handle the case||4,000.00 – 6,500.00|
|4||Filling law suite||will inform later according to the specific case|
Note: The aforementioned fees are inclusive the official fee but 5% VAT and other disbursement such as translating fee, notarizing and legalizing fee, etc. We will inform you the arising fee for your consideration before taking any actions.
4. The necessary documents
In order to perform the above mentioned action, please provide with us the following documents and information.
- The notarized and legalized POA;
- The certified copy of trademark certificate in Vietnam;
- The information of alleged infringer (Name and address);
- Other information that may be useful in this case.
The above is our advice for settling an infringement case in Vietnam. We do hope that this information will be useful for you. Should you have any enquiry, please do not hesitate to contact us.