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Monday, January 30, 2012

Vietnam - preliminary injunctions


IP Komodo reported here on the slow development of rules for preliminary injunctions in Indonesia. In Vietnam injunctions in IPR infringement cases (including ex parte) are in theory possible under rules of the Civil Procedure Code (which calls them emergency measures). But the rules are not entirely clear and there are no cases showing how injunctions would work. Many practicalities would be in the judge's discretion therefore.

The lack of injunctions granted is partly due to the lack of civil IP cases, because the market is not developed enough to sustain major civil IP litigation yet. Most IPR cases still tend to be dealt with by the administrative authorities. But changes will come as they are coming elsewhere in South East Asian IP litigation and once disputes of sufficient size appear, we can expect the civil courts will likely see their first injunction applications in the coming years.

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