Pham & Associates Obtained Decision from the Supreme Court on Patent Infringement “Brick Machinery”

On September 4, 2014, the Supreme Court annulled the previous decisions of the First Instance Court and the Appellate Court to reject as inadmissible complaints by applicants where the statute of limitations was out of date.

The Supreme Court was correct in finding that where the acts of infringement occurred at different times, the time prescribed by statute in which a plaintiff can bring a lawsuit is counted from the last infringement action. (In accordance with Point a.6, Article IV.2 of Resolution no. 01/2005/NQ-HDTP dated March 31, 2005 of the Supreme Court).

The patent infringement case was filed in Dak Lac’s 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. 

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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