Synopsis
This presentation will focus on two recent cases related to patent litigation in Viet Nam so as to explain the challenges of patent enforcement. It also offers a useful background to better understand the differences between Viet Nam and others countries in ASEAN in the context of patent litigation.
In particular, the first case addresses the litigation between Thanh Dong Company and Ngoc Thanh enterprise by Mr. Thanh. Thanh Dong Company has been granted a Patent and an Industrial Design Patent for a “Portable Canvas Roof” by the Department of Intellectual Property of Vietnam. The patents were however infringed by Ngoc Thanh enterprise, which produced and distributed the product on the market without the consent of Than Dong Company. As a result, Thanh Dong Company sued Mr. Thanh, owner of Ngoc Thanh enterprises, claiming the infringement of its patent and design rights.
The second case addresses the litigation between Hung Phu Company and Tran Thanh Dat Company. In this case, plaintiff Hung Phu Company sued defendant Tran Thanh Dat Company on the grounds that the defendant was infringing the plaintiff’s utility patent granted for an “aluminum bar shape”. After nearly five years of litigation, the “aluminum bar” case has gone through various levels of trial from 2011 to 2016. Ultimately, in 2016, the Supreme People's Court of Viet Nam decided to cancel the appellate verdict No. 184/2012/KDTM-PT of the Court of Appeal of the Supreme People's Court and cancel the first instance verdict No. 1892/2011/KDTM-ST of the People's Court of Ho Chi Minh City.
By the end of the presentation, the analysis of these two leading cases will offer a summary of the evolution of patent litigation in Viet Nam in recent years, and hopefully assist scholars and practitioners who are expert or interested in this area.
Speaker
Dr. NGUYEN Thai Cuong is a Lecturer at the University of Ho Chi Minh City. He has practiced intellectual property law, in particularly, patent litigation, patent strategies, patent and trademark infringement litigation support, patent validity, patent infringement, and trade secret law. He has authored numerous research, including PhD Thesis on Intellectual property law and pharmaceutical patent (University of Toulouse Publication, 2016), Article on Reform of pharmaceutical law (Vietnam journal of social science Publication, 2015), Report on CSR of pharmaceutical company and patent strategies (Master Thesis - University of Sussex Publication, 2013), the compliance of Intellectual property law and TRIPS agreement (Master Thesis - University of Toulouse Publication, 2012) and Pharmaceutical patent and public health (LLB Thesis - HCMC University of law Publication, 2011). He concentrates on international jurisdictions in European countries such as France, Germany, and UK. He is a graduate of University of Toulouse 1 Capitole, France where he earned a LLM Degree in International law, in 2012. He then earned his 2nd LLM Degree in European law, in a joint program with University of Sussex, United Kingdom in 2013. He received his PhD of law from University of Toulouse 1 Capitole, France with the “Honorable grade”, in 2016.
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Last updated on 16 May 2018 .
