On the afternoon of December 10th, with 432 out of 438 attending delegates voting in favor (91.33% of the total number of National Assembly delegates), the National Assembly passed the Law amending and supplementing a number of articles of the Law on Intellectual Property. The law will take effect from April 1st, 2026.
Regarding the handling of organizations and individuals who infringe intellectual property rights through civil measures, in addition to the measures stipulated in Article 202 of the current Law such as: compelling the cessation of the infringing act; compelling a public apology and correction; compelling the fulfillment of civil obligations; compelling compensation for damages..., the amended Law adds two more measures, specifically:
Mandatory destruction of counterfeit and pirated goods, except in certain special cases as stipulated by the Government ; mandatory destruction or mandatory distribution or non-commercial use of raw materials, materials and means used to produce counterfeit and pirated goods, provided that this does not affect the ability of the intellectual property rights holder to exploit their rights.
Mandatory removal, hiding, or disabling of access to information, content, accounts, websites, applications, or internet address identifiers related to the infringement of intellectual property rights.
Regarding the basis for determining the amount of compensation for damages caused by infringement of intellectual property rights (Article 205), the amended and supplemented Law stipulates that: In cases where the amount of material compensation cannot be determined based on the prescribed grounds, the amount of material compensation shall be decided by the Court, depending on the extent of the damage, but not exceeding one billion dong - double the previous regulation.
In cases where the plaintiff can prove that the infringement of intellectual property rights has caused them emotional distress, they have the right to request the Court to determine the amount of compensation within the range of ten to one hundred times the basic salary stipulated by the State, depending on the extent of the damage. At the time the basic salary is abolished, the reference level for determining the compensation amount shall be stipulated by the Government, in the principle that it shall not be lower than the level stipulated in this clause.
Further explaining this matter, Minister of Science and Technology Nguyen Manh Hung stated that the predetermined compensation amount was established in 2005, and after 20 years, this amount is no longer appropriate and needs to be increased to improve the effectiveness of handling intellectual property infringement.
"A maximum compensation of no more than 1 billion VND is appropriate, as this is a reasonable compensation amount that the law allows the injured party to choose if the extent of the damage cannot be determined based on other grounds. The draft law only stipulates a maximum amount for the court to decide, aiming to facilitate and standardize the court's decision-making process in determining the amount of compensation for damages," the Minister of Science and Technology clarified.
Source: https://nhandan.vn/muc-boi-thuong-thiet-hai-do-xam-pham-quyen-so-huu-tri-tue-co-the-len-toi-1-ty-dong-post929249.html
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