You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 4, 2015

Applying Preliminary Injunctions in IP Lawsuits in Vietnam

Subscribe to Updates
Managing Intellectual Property

In commercial lawsuits in general, and IP lawsuits in particular, the ability of rights holders to access one or more forms of injunctive relief is of utmost importance. The availability and effectiveness of preliminary injunctions can show to some extent the maturity and effectiveness of the enforcement system. For such reasons, a correct understanding of the applicability of preliminary injunctions in Vietnam is of practical use.

More Options

First of all, it is necessary to clarify that at present in Vietnam, the most popular forms of IPR enforcement are administrative and border control measures rather than civil measures. However, preliminary injunctions, which are specified in the Law on Intellectual Property (“IP Law”) and the Civil Procedure Code, are only applied in the process of a civil lawsuit in the courts.

The grounds for the application of preliminary injunctions in IP lawsuits are stipulated in Articles 206 to 210 of the IP Law. When the IP Law was promulgated in 2005, it was considered a step forward as it was the first time the law contained any provisions on IP enforcement. The grounds for the application of preliminary injunctions in general are specified in Articles 99 to 126, Chapter VIII of the 2004 Civil Procedure Code (as amended in 2011).

The earliest that a preliminary injunction can be requested is at the time of lodging a civil complaint (this can perhaps be understood as right at the time of filing). The preliminary injunction will only be considered if the rights holder can provide evidence demonstrating one of the following: (1) there is a threat of irreparable damage; (2) there is a threat of dispersal or destruction of suspected infringing goods and related evidence if they are not protected in time. The preliminary injunction by its nature may be applied ex parte  before the court hears the opinions of the party subject to such preliminary injunction. However, in practice, in considering the request for a preliminary injunction, the judge may invite the parties for a meeting to debate the application of such measure.

The specific preliminary injunctions that can be applied are seizure; sealing/freezing; prohibition of changing status; prohibition of moving; prohibition of transferring ownership and other measures which are not specified in the IP Law but in the Civil Procedure Code. In an actual 2009 case, the People’s Court of Thanh Hoa Province in a lawsuit on patent and industrial design between the plaintiff, Cong ty TNHH Thanh Dong, and the defendant, Ninh Ngoc Thanh, applied the preliminary injunction of a “ban on manufacturing and doing business” in infringing goods, which is not intrinsically specified in the IP Law but had a basis in the Civil Procedure Code (Decision No. 28/2009/QD-BPKCTT dated 14 April 2009).

When requesting the application of preliminary injunctions, the requestor may be required to carry out security measures by paying an amount equal to 20% of the value of goods subject to the preliminary injunction, or at least VND 20 million (approximately USD 950) if the value of such goods cannot be easily determined. It is further explained that, depending on the assessment of the judge in charge of the lawsuit, the specific amount may be higher, but may not be less than VND 20 million. However, it should be noted that not every request for a preliminary injunction will necessitate security measures such as payment. For some preliminary injunctions, the law stipulates that security measures are not required. Therefore, results may not always be as expected, or consistent.

Invisible Obstacles

Although the legal regulations are rather clear, reality presents a completely contrasting picture. There are no official annual statistics on how many orders of preliminary injunctions have been issued by the courts but it is likely that the number is very low, or almost zero, simply because the annual number of IP cases resolved in court is very low, and among the cases settled in court, the number of cases requesting preliminary injunctions is also very low and the number of orders of preliminary injunctions which are approved is even lower.

Operating practice also shows the number of orders of preliminary injunctions is very low because of the psychological barriers coming from the judges’ excessive caution as well as pressures from many sides in the process of considering whether or not to apply the preliminary injunction.

Download Full Article
Related Professionals

Practices

Dispute Resolution and Litigation

Intellectual Property

Location

RELATED INSIGHTS​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 29, 2026
Thailand’s cabinet has approved the draft Act on Liability for Defective Goods, commonly called Thailand’s “Lemon Law.” The Draft Act is currently pending consideration by Parliament. The draft law aims to strengthen buyers’ position in pursuing cases against sellers. While the Civil and Commercial Code offers provisions governing liability for defective goods, it is difficult in practice for buyers to successfully make a claim against sellers, particularly where defects are latent and not discoverable at the time of sale or delivery. By introducing product-specific rules and clearer remedies, the new law is intended to modernize Thailand’s consumer protection framework and align it more closely with international standards, and to help relieve the buyer’s burden of proof against the seller in product liability cases. If enacted, the draft act will take effect 180 days after publication in the Government Gazette, giving businesses a transition period to assess their compliance obligations. This article provides an overview of the key provisions of the draft act and highlights some practical considerations for businesses operating in Thailand. Scope and Key Definitions The draft act applies to sellers—defined as persons who sell goods in the ordinary course of business—and protects buyers, a term defined broadly to include not just the original purchaser but also transferees and successors in title. This expands the class of people who can bring claims. The law does not apply to used goods, live animals, or goods exempted by future ministerial regulation. It also leaves intact any separate warranties, promises, advertisements, or other guarantees a seller has given; those remain enforceable alongside the new statutory rights. General Liability for Defective Goods Sellers are liable for defects that exist at the time of delivery, regardless of whether the seller knew about them. Liability arises where a defect reduces: The benefit intended under
Read More
June 24, 2026
Patent enablement requirements are provided under Article 102 of Vietnam’s Law on Intellectual Property (IP Law). In particular, a patent specification must “fully and clearly disclose the nature of the invention to such an extent that, based on the specification, a person having ordinary skill in the relevant art can implement the invention.” In pharmaceutical and biotechnology patents, this requirement is more complicated and subject to more rigorous assessment. The Patent Examination Guidelines (Guidelines) of the Intellectual Property Office of Vietnam (IP Office) were amended in March 2026 to introduce Annexes III and IV for the pharmaceutical and biotechnology sectors, in which Annex III provides detailed guidelines on the assessment of specification requirements. These amendments were made under a project for strengthening capacity in industrial property examination between the Japan International Cooperation Agency (JICA) and the IP Office. Annex III provides detailed instructions on how examiners assess enablement in a pharmaceutical or biotechnology application, and offers examples of acceptable and unacceptable descriptions with regard to the enablement aspect. Enablement Requirements in Pharma and Biotech Patents Article 12.7 of Circular 10/2026/TT-BKHCN (Circular 10) adds to the requirements of Article 102 of the IP Law that the description must demonstrate the novelty, inventive step, and industrial applicability of the technical solution. For pharmaceutical composition subject matters, Article 12.9 of Circular 10 sets out that the description must present the results of clinical trials and/or the pharmacological effects of the claimed pharmaceutical composition, and must include at least the following information: Substance/mixture used. Testing method (system) employed. Information on the test results. Correlation between the pharmacological effects obtained from the tests and the application of the pharmaceutical product in the prevention, diagnosis, and treatment of diseases. The Guidelines note that pharmacological study results should be presented in a quantified manner, and pharmacological
Read More