IP Infringement Handling
LTV Law provides comprehensive representation to protect your IP rights — from counterfeit trademark goods and copyright infringement to patent and design copying — through administrative, civil and criminal measures.
Quick information
- MeasuresAdministrative / Civil / Criminal
- AuthoritiesInspectorate, Market Surveillance, Customs, Court
- Specialized IP CourtFrom 01/07/2025
- Legal basis2005 Law on IP as amended in 2022; Decree 99/2013; Decree 131/2013
4 Measures for Handling IP Infringement
Under the Law on Intellectual Property 2005 (as amended in 2022), an IP rights holder is entitled to apply protective measures when their rights are infringed. LTV Law advises on selecting and implementing the optimal measure based on each specific situation.
Administrative Measures
Decree 99/2013 as amended by Decree 46/2024; Decree 131/2013
- Authorities: Inspectorate of MOST / MOCST; Market Surveillance Authority; Customs
- Fines: VND 500,000 – VND 500,000,000
- Confiscation and destruction of infringing goods
- Fast, low-cost — stops infringement immediately
Civil Measures
2015 Civil Procedure Code; Articles 202–205 of the Law on IP
- Authorities: Provincial People's Court; specialized IP Court from 01/07/2025
- Damages of up to VND 500 million per infringement
- Available interim emergency measures
- Duration: 6–18 months
Criminal Measures
Article 226 of the Penal Code: copyright; Article 226b: industrial property
- Applied to large-scale commercial infringement
- Fines of up to VND 5 billion (for organizations)
- Imprisonment of up to 5 years (for individuals)
- The strongest tool, with the highest deterrent effect
Border Control
Article 216 of the Law on IP
- Customs suspends infringing shipments for 10 days
- Requires prior registration for border monitoring
- Stops counterfeit goods at border gates and seaports
- Highly effective for import-export businesses
Specialized IP Court from 01/07/2025
From 01/07/2025, the specialized IP Court officially began operating at the provincial People's Courts under a National Assembly resolution. Judges receive specialized training — IP cases will be adjudicated in a more in-depth, faster and significantly more accurate manner.
Common types of infringement
LTV Law regularly handles the following types of infringement. If your business encounters any of these situations, contact us for a free assessment.
Important notes when you discover infringement
Do not delete evidence and do not negotiate directly with the infringer before obtaining legal advice. Contact LTV Law immediately to preserve evidence and choose the optimal strategy.
LTV Law's IP infringement handling process
7 professional steps from intake to enforcement of the final decision — ensuring maximum protection of the client's interests.
Documents and evidence to prepare
- Trademark registration certificate / patent / copyright registration certificate (proof of IP rights)
- Evidence of infringement: photos, videos, product samples, e-commerce links
- Test purchase invoice
- Damage documentation (revenue decline, anti-infringement costs)
- Business registration certificate + ID card of the IP rights holder
- Power of attorney for LTV Law
Note on digital evidence: For e-commerce infringement, save the full URL, take a full-page screenshot (including the address bar), and download the original product images from the infringing listing. A test purchase is the most important piece of physical evidence in a civil lawsuit.
IP infringement handling service fees
The cost of handling infringement depends on the measure applied and the complexity of the case. LTV Law commits to a transparent quote before proceeding.
| Service | Cost |
|---|---|
| Infringement assessment consultation | Free |
| Sending a cease & desist letter | Contact for quote |
| Administrative handling (full package) | Contact for quote |
| Civil lawsuit at the People's Court | Contact for quote |
| Border control measures | Contact for quote |
| Advance court fee (civil court) | 2% of the disputed value |
Advance civil court fee: When filing a lawsuit at the People's Court, the plaintiff must pay an advance court fee equal to 2% of the disputed value to the court (under the Ordinance on Court Fees). This amount may be partly or fully refunded if the case is won.
IP infringement handling service packages
LTV Law offers 2 flexible service packages, suited to different levels of infringement and budgets. Contact us for advice on the most suitable package.
Basic Handling Package
- Free infringement assessment consultation
- Professional cease & desist letter
- Administrative handling (Market Surveillance / Inspectorate)
- Case progress monitoring
- Handling results report
- –Civil lawsuit at the People's Court
- –Market monitoring strategy
Comprehensive Protection Package
- Free infringement assessment consultation
- Cease & desist letter
- Administrative handling in parallel with civil action
- Civil lawsuit — claiming maximum damages
- Representation at the specialized IP Court
- Overall anti-infringement strategy
- Periodic market monitoring after resolution
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