Intellectual Property Dispute Resolution Consulting

Intellectual Property Dispute Resolution Consulting is advising on approaches to handle and resolve disputes between parties regarding intellectual property rights issues. Vietnamese and international laws always respect the intellectual property rights of any individual or organization, hence have regulations and adjustments for the protection of this subject. However, in reality, infringements of intellectual property rights frequently occur and lead to disputes. Through the following article, Long Phan will inform readers about the methods of dispute resolution.

What is Intellectual Property Rights?

According to intellectual property law, Intellectual Property Rights are the rights of organizations and individuals over intellectual assets, including copyright and related rights, industrial property rights, and rights related to plant varieties.

The subjects of intellectual property rights include copyright and related rights, industrial property rights, and rights related to plant varieties. Any individual or organization that legally creates these entities can register for intellectual property protection.

Businesses that are authors or owners of protected intellectual property objects, such as trademarks, patents, copyright of works, can exploit these objects commercially or invest for profit through licensing, technology transfer, trade secrets, etc., to other individuals or organizations.

Current Intellectual Property Rights Disputes?

The reality shows that the problem of counterfeiting and copying products has become widespread in the market. When an individual or organization creates a product and makes it public, they often face the situation where their competitors copy the product for unfair competition. Even with financial backing and an existing ecosystem, competitors who have been in the market for a long time can invest heavily in similar counterfeit products to the point of causing confusion, thereby eliminating the original products. Therefore, common intellectual property disputes nowadays include:

First, copyright disputes:

• Disputes between individuals over copyright for literary, artistic, scientific works, and derivative works.
• Disputes among co-authors regarding the division of co-author rights.
• Disputes between individuals and organizations over copyright ownership, works.
• Disputes between copyright owners and authors regarding royalties, remuneration for creating works based on assigned tasks or contracts.
• Disputes regarding the exercise of moral rights or property rights of authors, copyright owners.
• Disputes over contracts for the transfer, rights to use copyright or disputes over copyright service contracts; Contracts for the transfer, use of copyright.
• Disputes arising from copyright infringement.

Second, industrial property disputes:

• Disputes over logos, trademarks with similar signs to the extent that they may cause confusion among traders.
• Disputes over trademark licensing contracts.
• Disputes over copying, counterfeiting trademarks, patents, trade secrets.
• Disputes over inheritance of industrial property rights.
• Disputes over the right to file for industrial property protection certificates (Exclusive patents or Certificates of registration).

Effective dispute resolution methods?

When intellectual property disputes arise, parties should aim for quick, good-faith dispute resolution methods to avoid unnecessary risks. Currently, there are several effective dispute resolution methods as follows:

• Dispute resolution through mediation, negotiation.
• Dispute resolution through commercial arbitration.
• Dispute resolution through the courts.

Intellectual Property Dispute Resolution Consulting at Long Phan?

Long Phan offers the following range of consulting services on intellectual property dispute resolution:

• Analyzing the advantages and disadvantages of each dispute resolution form.
• Advising and proposing optimal mediation and negotiation solutions to balance the interests of all parties.
• Consulting on the use and management of intellectual property rights, risk management, and identifying intellectual property rights infringement behaviors.
• Advising on optimizing intellectual property rights to combat unfair competition in the same market.
• Advising and drafting documents and applications during the dispute resolution process.
• Supporting representation services in meetings between disputing parties.

Dispute Resolution Consulting Pricing

The cost of intellectual property rights dispute resolution consulting services depends on the simplicity or complexity of the case. At Long Phan, costs are divided into two categories based on customer needs.

First, Service Fees:

• Based on the nature of the case and the client’s requirements, Long Phan will set a fixed fee for the provided service. This fee will be clearly stated in the contract signed by all parties. If the client requires more in-depth support on a specific issue, the fee schedule will be updated accordingly. Additionally, Long Phan will have policies to reduce service costs to ensure maximum customer satisfaction.
• Service fees do not include taxes, fees, or state charges as required by law.

Second, Results Fees:

• To maximize service quality and expedite the process, parties may consider a reward contract option. Signing a reward contract complies with current Civil Code regulations and is not contrary to social ethics.
• Payment of results fees is only made after the completion of the work as agreed upon by all parties.

In summary, intellectual property rights disputes are becoming very common in the Vietnamese market. Disputing parties should aim for mediation and negotiation to limit unnecessary economic and legal risks. If you require in-depth consultation and support on intellectual property rights dispute resolution services, you can contact us at Long Phan via Hotline: 0906.735.386.