In Vietnam’s IP enforcement landscape, administrative measures are still commonly chosen by businesses because they are fast and can “hit” directly at infringing goods in circulation. However, where a business’s objectives are to (i) stop infringement through a highly binding decision, (ii) claim damages, (iii) address complex disputes (involving both IP and contract/franchise/distribution elements), or (iv) obtain a court judgment to deter repeat infringement, civil litigation before the courts is a route worth considering.
1) What can the court do in an IP infringement lawsuit?
1.1. Civil remedies available to the court
The IP Law provides that the court may apply civil remedies, including ordering the cessation of infringement; ordering an apology/public correction; ordering the performance of civil obligations; ordering compensation for damages; and ordering the destruction and/or distribution or use for non-commercial purposes of infringing goods, raw materials, materials, and means used primarily for the production or trading of infringing goods (provided that such measures do not affect the right holder’s ability to exploit the IP rights).
1.2. The 2025 amendments will take effect from 1 April 2026, with three key changes directly relevant to civil litigation:
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Supplementing/emphasizing civil remedies for counterfeit trademark goods and pirated goods, including clearer rules on destruction in certain cases;
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Adding a remedy requiring the removal/concealment/disabling of access to information, content, accounts, websites/applications, or Internet identifiers/addresses related to infringing acts—particularly important for online disputes;
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Increasing the cap on “court-determined” material damages where damages cannot be calculated under other bases, from “not exceeding VND 500 million” to “not exceeding VND 1 billion.”
2) Burden of proof in IP litigation: cases are often won or lost on the evidence file
2.1. General principle: the plaintiff must prove both “rights” and “infringement”
In an infringement lawsuit, both plaintiff and defendant have the right and obligation to prove their claims under the Civil Procedure Code and the IP Law. In particular, the plaintiff must prove that it is the rights holder (e.g., registration certificate, extracts from the register, evidence of rights arising without registration where applicable, licensing/assignment agreements, etc.) and must provide evidence of the infringing acts.
2.2. Mechanism to compel production of evidence controlled by the defendant
A valuable feature of the IP Law is that where a party can demonstrate that evidence relevant to its claim is under the control of the other party and therefore cannot be accessed, it may request the court to order the controlling party to produce such evidence.
In practice, this mechanism can help address the challenge of obtaining data relating to the infringer’s sales/revenue/profits. However, to persuade the court, the plaintiff must be well prepared—demonstrating the relevance of the data and explaining why it cannot be collected through reasonable means.
2.3. The role of IP expert opinions (infringement assessment/expert examination)
A common misconception is that an expert opinion guarantees a win. The law makes clear that an expert opinion is a source of evidence, but it does not itself conclude whether infringement has occurred or determine the outcome of the dispute.
In other words, expert opinions help answer technical or specialized questions (similarity, constituent elements, technical features, etc.), while the determination of “whether infringement exists” remains a holistic legal assessment by the court based on all evidence.
3) Damages in IP lawsuits
3.1. What types of damages are recognized?
The law provides that damages caused by infringement include:
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Material damages: property loss, reduction in income/profit, loss of business opportunities, and reasonable costs incurred to prevent or remedy the damage;
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Moral damages: harm to honor, reputation, or prestige (for the categories of subjects recognized under the law).
3.2. How material damages are determined
Where the plaintiff proves material damages, it may request the court to determine damages based on one of the following:
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Total material damages plus the profits obtained by the defendant (if not already included in the total damages);
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A “reasonable royalty” basis, assuming the existence of a corresponding license agreement;
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Another calculation method consistent with applicable law;
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If damages cannot be determined under the above bases, the court may assess damages based on the extent of harm, capped at VND 1 billion (from 1 April 2026).
In addition, where moral damages are proven, compensation may be claimed under a mechanism linked to the base salary (10–100 times, with transitional provisions in case the base salary is abolished). The rights holder may also request the infringer to reimburse reasonable attorneys’ fees.
3.4. Practice note: proving damages and unjust profits
In practice, damages awards are often modest if the business does not prepare solid data. A typical damages package should include:
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The plaintiff’s revenue/profit data before and after the infringement (by channel and by region);
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Evidence linking the infringement to the decline (e.g., the infringer sells through the same channels, targets the same customer segment, and operates during the same marketing campaign period);
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Data from test purchases and logistics tracing (to demonstrate scale).
4) Provisional urgent measures (interim injunctions)
4.1. When can they be requested?
A rights holder may request the court to apply provisional urgent measures where:
(i) there is a risk of irreparable harm; or
(ii) infringing goods/evidence is at risk of being dispersed or destroyed if not promptly protected.
Possible measures include seizure, distraint, sealing/prohibiting alteration of the status quo/prohibiting movement, and prohibiting transfer of ownership rights. The Civil Procedure Code also allows other forms of provisional measures.
4.2. Security requirement (bond)
The IP Law provides that the applicant must compensate for damage if it is later determined that there was no infringement. To secure this obligation, the applicant must provide security: 20% of the value of the goods subject to the measure, or at least VND 20 million if the value cannot be determined, or a bank guarantee.
In parallel, the Civil Procedure Code requires applicants for certain provisional measures to submit a guarantee document or deposit/security assets equivalent to potential damage arising from improper application.
This is often why provisional measures in IP cases are considered very carefully—businesses need a strong evidence strategy from the outset, especially to prove “irreparable harm” and the risk of concealment/disposal.
4.3. If the measure is sought on improper grounds: risk of cancellation and liability
The law allows the court to cancel provisional measures in certain statutory circumstances, or where the affected party shows that the measure lacks sufficient grounds. If the request is unfounded and causes damage, the court may order the applicant to compensate and may dispose of the security accordingly.
5) Civil litigation strategy: when to sue and how to maximize effectiveness
5.1. When should civil measures be prioritized?
Civil measures are often appropriate where a business needs one or more of the following:
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Sustainable cessation of infringement;
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Compensation for damages;
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Resolution of IP disputes intertwined with distribution/franchise agreements;
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A precedent with deterrent effect and improved negotiation leverage.
Businesses should also note a “counterbalance” mechanism: if the defendant is found not to have infringed, the defendant may request the court to order the plaintiff to pay reasonable attorneys’ fees and other costs under the law. This makes litigation risky if the chain of title and infringement evidence are not sufficiently strong.
5.2. Eight steps to take before filing a lawsuit
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Confirm the correct rights holder, powers of attorney, licenses, assignments, and the scope of rights.
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Confirm infringement through an actual transaction (test purchase for goods) or technical logs (for online infringement).
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Standardize evidence: timestamped photos/videos, waybills/receipts, physical samples, and sign comparisons.
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Obtain expert examination/technical assessment where necessary, while remembering that expert opinions are evidence—not a conclusive finding of infringement.
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Define litigation objectives: is cessation the priority, or damages?
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Prepare the damages data package.
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Consider provisional measures and the ability to meet security/bond requirements.
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Plan the post-judgment roadmap: enforcement, brand communications, and anti-repeat monitoring.
Conclusion
Civil litigation is the most structured and sustainable route for enforcing IP rights, but it requires businesses to invest seriously in an evidence strategy and in structuring claims—especially where damages and provisional measures are sought. Vietnam’s current legal framework provides relatively comprehensive rules on civil remedies, burden of proof, the principles and bases for damages, and provisional measures and security requirements.
Notably, from 1 April 2026, the 2025 amendments will introduce significant changes for civil litigation: increasing the court-assessed damages cap to VND 1 billion, and adding remedies requiring removal/concealment/disabling of access to infringing content/accounts/Internet identifiers—an update well aligned with the realities of digital infringement.
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