Pham & Associates Achieved Successful Supreme Court Decision in Review Appeal

The Supreme Court has given Pham & Associates client, Mr. Hoang Thinh a victory over its opponent, (Decision No. 06/2015/KDTM-GDT dated April 17, 2015). The decision annulled two judgment nos. 75/2011/QD-PT dated September 12, 2011 of the Appellate Court in Da Nang; 59/2011/QDST of the First Instance Court in Dak Lak. The decision also remanded the case to the Dak Lak People Court for a trial de novo.

Pham & Associates managing partner Pham Vu Khanh Toan, who led appellate teams in this matter, said he was extremely happy with the Supreme Court decision:

“This decision was a significant win for our client and for all IP holders who were infringed by the acts of using their IP rights unlawfully. This was a rare patent infringement case that both the first instance court and the appellate court had erred in assessing the case to be out of statute of limitations”.

The patent infringement case was filed in Dak Lak People Court on May 14, 2008 between Mr. Hoang Thinh, the plaintiff and Mr. Nguyen Dinh My and Mrs. Thai Thi Thu Suong, the defendants, and moved to the Da Nang Appellate Court in 2011. The plaintiff discovered his patent was infringed by the defendants from 2003 to December 31, 2007. 

Pham & Associates is a leading intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn