PROTECTION
Question 1
What is the term of protection of a patent in Singapore?
Answer 1
In Singapore, a patent life last for twenty (20) years counted from the date of filing. There is no Utility Model in Singapore.
Question 2
Is it possible to extent the lifetime of a patent?
Answer 2
Possible for patents with a filing date on or after 1 July 2004 if:
(a) Unreasonable delay by the SG patent office in granting the patent.
(b) Unreasonable delay by the foreign patent offices in granting a corresponding patent which the subject SG application is relying on, or
(c) Unreasonable delay in obtaining marketing approval for pharmaceutical products.
(Supplementary Protection Certificate)
ENFORCEMENT
Question 1
What are the types of patent enforcement action are available in Singapore?
Answer 1
§ Ex-parte injunctions (Anton Piller Orders and Mareva Injunctions);
§ Springboard and post patent expiry injunction;
§ Interlocutory Injunction;
§ Permanent Injunction;
§ Damages and
§ Delivery up of the infringing goods by the defendant.
Question 2
How can the patent owner most effectively make his point to stop an infringement?
Answer 2
Obtain an injunction.
Question 3
Are protective orders available in Singapore?
Answer 3
Yes.
Question 4
Does Singapore’s patent law require the patent owner to send a cease and desist letter to an alleged infringer before a court action can be taken against him?
Answer 4
No.
Question 5
Is it possible to seek a preliminary injunction? If so, how long would this action take?
Answer 5
Possible. Time frame for an inter parte is between 2 – 4 months. If ex parte, than it would be heard urgently in a week or two.
Question 6
Is it possible to seek seizures / inspections of suspect goods?
Answer 6
Yes.
Question 7
How long would a patent infringement / patent invalidation case take? At typically what cost
Answer 7
1. Infringement action duration 24 – 36 months.
2. Invalidation action duration 24 – 36 months.
3. Typical cost – this can vary according to complexity of case, whether it is contested and seniority of person handling the case.
Question 8
How are damages / royalties assessed?
Answer 8
Damages are assessed on a loss of profit basis. Any damages or account of profits or grant of other relief are also possible.
Question 9
Can the alleged infringer sue for damages if the patent owner fails to prove infringement in court of Singapore?
Answer 9
Yes.
COURT SYSTEM
Question 1
Briefly describe any recent cases of patent invalidation or patent infringement in Singapore?
Answer 1
Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Other Suits [2005] SGHC 90.
The defences on lack of novelty and inventiveness were raised. The court reviewed the defendant devices and held it was infringing as they contain each and every element of the claims of the patent.
The court rejected the plaintiff's claim that there was a conspiracy to infringe the patent, as it held that a party would only be liable for conspiracy to infringe where it actually induces the infringement or there is evidence of an understanding to carry out acts of infringement. The mere fact that the Israeli manufacturer gave indemnities to the Singaporean distributor was not sufficient for the court to infer that inducement had taken place to constitute acts of patent infringement, as the threshold of proving conspiracy is high.
On the claim of joint tortfeasorship against the defendants on grounds that the acts of infringement were carried out in "furtherance of a common design", the court held that two persons who agree on a common course of action and commit a tort would be joint tortfeasors. The court looked at the relationship of the parties especially the indemnity given by the manufacturer and held there was a common design to infringe the patent.
Question 2
How efficient are the courts in disposing IP litigation cases in Singapore?
Answer 2
Reasonably efficient.
Question 3
Are the judges technically qualified?
Answer 3
No.
Question 4
Do the courts rely on precedent cases decided in foreign countries?
Answer 4
Yes, United Kingdom.
Question 5
How are foreigners treated by the courts in Singapore?
Answer 5
Same as locals.
Question 6
What is the time frame for a patent invalidation / patent infringement suit to be decided?
Answer 6
2 – 3 years.
Question 7
What step(s) must be taken to appeal a court decision in Singapore?
Answer 7
A Notice of Appeal is filed within 14 days of the date of the decision.
Tuesday
Court System
Question 1
We understand that the National Office of Intellectual Property of Vietnam (NOIP) handles the invalidation procedures whereas Court handles the infringement cases. Please confirm if there was any change on this matter.
Answer 1
Please be advised that the NOIP is responsible for handling the invalidation petition.
In case of any disagreement with the Decision of the National Office of Industrial Property for an invalidation petition filed with the NOIP, the appellant shall have an option between filing an appeal to the Minister of Science, Technology (MOST), or bring the case to the administrative court in according to the applicable law of procedure in administrative cases.
In respect of the infringement cases, depending on the nature of the infringement, they may be handled under Administrative, Civil or Criminal Actions.
Courts are entitled to apply civil or criminal measures when handling the infringement cases while the Board of inspectorate in Science and Technology within the Ministry of Science and Technology and Department of the Ministry of Trade, Economic Police, Customs, and People committees are vested with the power to apply administrative measures.
Question 2
How efficient are the NOIP and courts in disposing IP litigation cases in Vietnam?
Answer 2
Only Courts are empowered to deal with all requests of the owner patent. However, court system is not efficient as there is no specialized court on IPRs, judges at Court are not so technically qualified and lacking of experience in industrial property cases, handling procedure is often extend beyond the prescribed time limit.
The handling made by the NOIP and other Administrative Authorities often takes place for a shorter time. In addition, the handling scope applies on a large scale, which is not restricted by the territory of each local and is consistent. Therefore it allows the patent owner to exploit tire patent effectively. However, these Authorities are limited to their empowerment. They have no empowerment but empowerment to handle cases under administrative measures. And they are not vested to determine any damages that a patent owner had to bear.
Question 3
Do the NOIP and courts rely on precedent cases decided in foreign countries?
Answer 3
No. The Vietnam law system is a written one and not rely on precedent cases.
Question 4
How are foreigners treated by the NOIP and court?
Answer 4
The foreigners are treated as Vietnamese nationals. In addition, they have rights to authorize 1P agencies and they are entitled to have their interpreters.
Question 5
What is the time frame for a patent invalidation/patent infringement suit to be decided in Vietnam?
Answer 5
Within 60-90 days form the date of receipt of the suit. However, in practice it can take much longer period of time, on the basis of case by case.
Question 6
How to appeal to a decision by the NOIP for patent invalidation and court for patent infringement?
Answer 6
In case of any disagreement with the Decision by the NOIP for a patent invalidation, the appellant shall have an option between a further appeal to the Minister of Science, Technology (MOST), or bring the case to the administrative court in according to the applicable law of procedure in administrative cases.
The appeal to MOST can be made within 30 days from the date of receipt of the notice of the decision of the NOIP. The Minister of MOST, based on proposal of the Inspection Board within the MOST, must issue a decision, within 45 to 60 days from receiving the appeal petition. The decision of the Minister is final.
In case the applicant decides to go to the Court, the competent Court shall be the People's Court (Administrative Court) of Hanoi, or Ho Chi Mini) City in case involved a foreign nationals, or local court having the local competence on the applicant. The Decision of the first instance Court shall be appealable to the People's Supreme Court. The Supreme Court's decision shall be final unless objected himself or by the Chairman of the People's Supreme Inspectorate. This procedure is also applied to appeal the decision of the court for patent infringement.
We understand that the National Office of Intellectual Property of Vietnam (NOIP) handles the invalidation procedures whereas Court handles the infringement cases. Please confirm if there was any change on this matter.
Answer 1
Please be advised that the NOIP is responsible for handling the invalidation petition.
In case of any disagreement with the Decision of the National Office of Industrial Property for an invalidation petition filed with the NOIP, the appellant shall have an option between filing an appeal to the Minister of Science, Technology (MOST), or bring the case to the administrative court in according to the applicable law of procedure in administrative cases.
In respect of the infringement cases, depending on the nature of the infringement, they may be handled under Administrative, Civil or Criminal Actions.
Courts are entitled to apply civil or criminal measures when handling the infringement cases while the Board of inspectorate in Science and Technology within the Ministry of Science and Technology and Department of the Ministry of Trade, Economic Police, Customs, and People committees are vested with the power to apply administrative measures.
Question 2
How efficient are the NOIP and courts in disposing IP litigation cases in Vietnam?
Answer 2
Only Courts are empowered to deal with all requests of the owner patent. However, court system is not efficient as there is no specialized court on IPRs, judges at Court are not so technically qualified and lacking of experience in industrial property cases, handling procedure is often extend beyond the prescribed time limit.
The handling made by the NOIP and other Administrative Authorities often takes place for a shorter time. In addition, the handling scope applies on a large scale, which is not restricted by the territory of each local and is consistent. Therefore it allows the patent owner to exploit tire patent effectively. However, these Authorities are limited to their empowerment. They have no empowerment but empowerment to handle cases under administrative measures. And they are not vested to determine any damages that a patent owner had to bear.
Question 3
Do the NOIP and courts rely on precedent cases decided in foreign countries?
Answer 3
No. The Vietnam law system is a written one and not rely on precedent cases.
Question 4
How are foreigners treated by the NOIP and court?
Answer 4
The foreigners are treated as Vietnamese nationals. In addition, they have rights to authorize 1P agencies and they are entitled to have their interpreters.
Question 5
What is the time frame for a patent invalidation/patent infringement suit to be decided in Vietnam?
Answer 5
Within 60-90 days form the date of receipt of the suit. However, in practice it can take much longer period of time, on the basis of case by case.
Question 6
How to appeal to a decision by the NOIP for patent invalidation and court for patent infringement?
Answer 6
In case of any disagreement with the Decision by the NOIP for a patent invalidation, the appellant shall have an option between a further appeal to the Minister of Science, Technology (MOST), or bring the case to the administrative court in according to the applicable law of procedure in administrative cases.
The appeal to MOST can be made within 30 days from the date of receipt of the notice of the decision of the NOIP. The Minister of MOST, based on proposal of the Inspection Board within the MOST, must issue a decision, within 45 to 60 days from receiving the appeal petition. The decision of the Minister is final.
In case the applicant decides to go to the Court, the competent Court shall be the People's Court (Administrative Court) of Hanoi, or Ho Chi Mini) City in case involved a foreign nationals, or local court having the local competence on the applicant. The Decision of the first instance Court shall be appealable to the People's Supreme Court. The Supreme Court's decision shall be final unless objected himself or by the Chairman of the People's Supreme Inspectorate. This procedure is also applied to appeal the decision of the court for patent infringement.
Patent Protection, Enforcement And Court System In Vietnam
PROTECTION
Question 1
What is the term of protection of a patent in Vietnam?
Answer 1
In Vietnam, a patent life last for twenty (20) years counted from the filing date.
Question 2
Is it possible to extent the lifetime of a patent?
Answer 2
No.
ENFORCEMENT
Question 1
What are the types of patent enforcement action are available in Vietnam?
Answer 1
§ Administrative Actions;
§ Civil Actions;
§ Criminal Actions; and
§ Border Control Measures.
Administrative Actions
Administrative authority has been vested with various authorities, from central to local government, among them the most effective are the Board of Inspectorate in Science and Technology within the Ministry of Science and Technology and Department of Science and Technology at province, also Market Management Department of the Ministry of Trade, Economic Police, Customs, Specialized Industrial Property Inspectorates, and People committees.
Civil Actions
If the patent owner seeks damages for infringement, it must institute a civil proceeding. Only the courts have jurisdiction to award monetary damages.
Complaints are lodged with People's Court of the province; town or city with is directly responsible to the central government.
Where one of the parties to the action is a foreigner the case must be filed with the People's Court of Hanoi or Ho Chi Minh City regardless of where the infringing activity takes place or other parties may reside.
The foreign plaintiff can choose whether to file in Hanoi or Ho Chi Minh City. It usually takes 6 months to 1 year for a case to come to trial. Decisions of the People's Court are generally issued and available within 15 days.
Decisions of the First instance Court may be appealed to the Appeal Court of the Supreme Court, which is the highest at final court. Decisions are usually issued by the Supreme Court within one year of appeal.
Complaints must be submitted directly or through a local representative in the case of foreign entities.
Courts are empowered to issue a temporary and urgent order to stop the infringing activity pending determination at trial, provided the evidence in the complaint justifies such action.
Criminal Actions
A patent owner may make denunciation for the investigation, and if convicted criminal actions to be brought against an infringer pursuant to applicable provisions of the Criminal Code.
It is to be noted that firstly under the Criminal code of Vietnam only individuals are subject to criminal liability, that limits much of action when 1P infringement are made by legal entity, the personal responsibility in such activities should be established. 'I' Secondly the precondition for criminal offence is that the infringement causing serious consequence, or the infringer has previously been administratively punished, or has been already sentenced for the same crime but the criminal record has not been cleared. Factors that need badly explanation and to date are not given any further details guidance for the application.
Prosecution authority lies with: (1) the police who can investigate, seize goods and arrest infringers, and (2) the public prosecutorates who have, in addition to having the same powers as police, the authority to indict and prosecute infringers.
The police generally initiate investigations upon a patent owner's formal complaint.
The patent owner is usually required to furnish details relating to the alleged infringement, including its ownership of the infringed patent and its business interests and locations, as well as the names of the alleged infringers and the nature of the infringing act.
If sufficient evidence is found, public prosecutors can then open investigations and indict alleged infringers for crimes of infringement before the court.
Cases are brought before the People's Court of the district having jurisdiction over the place where the alleged infringement occurred. If one or both parties are foreign, the case can only be filed before the People's High Court of Hanoi or Ho Chi Minh City.
Decisions of the People's Court may be appealed to the upper court either the People's Court of Province or City or to the Appeal Court of the Supreme Court, the highest and final court.
The punishment can be very severe, ranging from 6 months to 3 years imprisonment for 1P infringement. If the counterfeit goods are foods, drugs, agriculture chemical products, up to IS to 20 years' imprisonment. In addition, a counterfeit can be liable to pay a monetary tine, forbidden from holding certain position, disqualified from certain profession, in a period up to 5 years.
Question 2
How can the patent owner most effectively make his point to stop an infringement?
Answer 2
IP Enforcing Administrations and Courts are empowered to determine amount of the owner's loss and to grant a temporary and urgent measure to stop the infringing activity, the patent owner can request appropriate Enforcing authorities or initiate a law suit at the Court and request the Court carry out the relevant measure in order to overcome the consequence of the infringement.
Question 3
Are protective orders available in Vietnam? For example, does Vietnam's patent law require the patent owner to send a warning letter to an alleged infringer before a court action can be taken against him?
Answer 3
No. The patent owner has right (but not be obligated) to inform the infringer that he is the owner of the patent and request the infringer to stop the infringing activity.
Question 4
Is it possible to seek a preliminary injunction? If so, how long would this action take?
Answer 4
We wonder whether "a preliminary injunction" in this question means "a injunction/decision to grant a temporary and urgent measure. If yes, the answer of this question is "Yes". When or before initiating a lawsuit at the Court, the patent owner has right to request the court to grant temporary and urgent measures to stop the infringing activity. Such measures are Seizing Goods that infringe Industrial Property Rights, interdicting change the status, interdicting assign the property right, The person who made a such request is obligated to guarantee the payment of damages to such measure debtor in case of improper application of such provisional measure.
In urgent circumstances require protect evidences and prohibit a serious consequences that may be occurred, after receiving the request and evidences, within 48 hours as from the moment of receipt of the request, the judge in charge of the case must consider and issue a Decision of temporary and urgent measure. If the request is not accepted, the court must inform the requester by a written letter in which the reasons for unacceptance are given.
In other cases, the time limit for granting the above-mentioned decision is 3 days counted from the date of receiving the request if the person who made a such request must not perform guarantee measures or immediately after he perform guarantee measures.
Question 5
How long would a patent infringement/patent invalidation case take in Vietnam?
Answer 5
It varies upon case by case but it takes at least four to six months counted from the date of handling the ease. In practice, this term may extend 12-18 months.
Question 6
How are damages/royalties assessed?
Answer 6
Principles of determination of loss caused by IPR infringements:
- the loss caused to the holder of IPR by an infringement comprise both tangible and intangible loss: (i) Tangible losses comprise loss to property, decreased income and profits and reasonable costs for prevention and rectification of such loss, reasonable attorney fees and other, actual loss, loss of business opportunities, decrease in the business reputation and other intangible loss; (ii) Intangible loss comprise of loss to the dignity, honour, prestige and other intangible loss.
- the level of loss shall be determined on the basis of the actual losses incurred by the holder of IPRs due to the infringement upon such IPRs.
Bases for determination of losses caused by IPR infringements:
If the plaintiff succeeds in proving that an IPR infringement has caused tangible loss to him/her, lie/she shall have the right to ask the court to determine the level of damages on one of the following bases:
- the total tangible loss as determined in cash plus the profits gained by the IPR infringer if such profits have not yet been included in the total tangible loss;
- the value of transfer of the IPR subject matter with the assumption that the defendant has been transferred by the plaintiff the right to use that industrial property subject matter under a contract for using such industrial property subject matter to the extent equivalent to the act of infringement committed;
- in case it can not determine as above mentioned, the tangible loss is fixed by the court but not exceeding VND 500 million.
If the plaintiff succeeds in proving that such IPR infringement has caused intangible loss to him/her, he/she may request the court to determine an appropriate level of damages ranging from VND 5 million to VND 50 million depending on the level of loss.
In addition, the plaintiff may request the court to oblige the infringer pay the reasonable attorney fees.
Question 7
Can the alleged infringer sue for damages if the patent owner fails to proof infringement in court?
Answer 7
Yes. In case the alleged infringer succeeds in proving that the request for provisional measure is not well grounded and caused damages to him, the court will obligate the patent owner to pay of compensation for these damages.
In case the court decides that there is no infringing action, the alleged infringer may request the patent owner to pay of compensation for damages which are determined as in above answer (6).
Question 1
What is the term of protection of a patent in Vietnam?
Answer 1
In Vietnam, a patent life last for twenty (20) years counted from the filing date.
Question 2
Is it possible to extent the lifetime of a patent?
Answer 2
No.
ENFORCEMENT
Question 1
What are the types of patent enforcement action are available in Vietnam?
Answer 1
§ Administrative Actions;
§ Civil Actions;
§ Criminal Actions; and
§ Border Control Measures.
Administrative Actions
Administrative authority has been vested with various authorities, from central to local government, among them the most effective are the Board of Inspectorate in Science and Technology within the Ministry of Science and Technology and Department of Science and Technology at province, also Market Management Department of the Ministry of Trade, Economic Police, Customs, Specialized Industrial Property Inspectorates, and People committees.
Civil Actions
If the patent owner seeks damages for infringement, it must institute a civil proceeding. Only the courts have jurisdiction to award monetary damages.
Complaints are lodged with People's Court of the province; town or city with is directly responsible to the central government.
Where one of the parties to the action is a foreigner the case must be filed with the People's Court of Hanoi or Ho Chi Minh City regardless of where the infringing activity takes place or other parties may reside.
The foreign plaintiff can choose whether to file in Hanoi or Ho Chi Minh City. It usually takes 6 months to 1 year for a case to come to trial. Decisions of the People's Court are generally issued and available within 15 days.
Decisions of the First instance Court may be appealed to the Appeal Court of the Supreme Court, which is the highest at final court. Decisions are usually issued by the Supreme Court within one year of appeal.
Complaints must be submitted directly or through a local representative in the case of foreign entities.
Courts are empowered to issue a temporary and urgent order to stop the infringing activity pending determination at trial, provided the evidence in the complaint justifies such action.
Criminal Actions
A patent owner may make denunciation for the investigation, and if convicted criminal actions to be brought against an infringer pursuant to applicable provisions of the Criminal Code.
It is to be noted that firstly under the Criminal code of Vietnam only individuals are subject to criminal liability, that limits much of action when 1P infringement are made by legal entity, the personal responsibility in such activities should be established. 'I' Secondly the precondition for criminal offence is that the infringement causing serious consequence, or the infringer has previously been administratively punished, or has been already sentenced for the same crime but the criminal record has not been cleared. Factors that need badly explanation and to date are not given any further details guidance for the application.
Prosecution authority lies with: (1) the police who can investigate, seize goods and arrest infringers, and (2) the public prosecutorates who have, in addition to having the same powers as police, the authority to indict and prosecute infringers.
The police generally initiate investigations upon a patent owner's formal complaint.
The patent owner is usually required to furnish details relating to the alleged infringement, including its ownership of the infringed patent and its business interests and locations, as well as the names of the alleged infringers and the nature of the infringing act.
If sufficient evidence is found, public prosecutors can then open investigations and indict alleged infringers for crimes of infringement before the court.
Cases are brought before the People's Court of the district having jurisdiction over the place where the alleged infringement occurred. If one or both parties are foreign, the case can only be filed before the People's High Court of Hanoi or Ho Chi Minh City.
Decisions of the People's Court may be appealed to the upper court either the People's Court of Province or City or to the Appeal Court of the Supreme Court, the highest and final court.
The punishment can be very severe, ranging from 6 months to 3 years imprisonment for 1P infringement. If the counterfeit goods are foods, drugs, agriculture chemical products, up to IS to 20 years' imprisonment. In addition, a counterfeit can be liable to pay a monetary tine, forbidden from holding certain position, disqualified from certain profession, in a period up to 5 years.
Question 2
How can the patent owner most effectively make his point to stop an infringement?
Answer 2
IP Enforcing Administrations and Courts are empowered to determine amount of the owner's loss and to grant a temporary and urgent measure to stop the infringing activity, the patent owner can request appropriate Enforcing authorities or initiate a law suit at the Court and request the Court carry out the relevant measure in order to overcome the consequence of the infringement.
Question 3
Are protective orders available in Vietnam? For example, does Vietnam's patent law require the patent owner to send a warning letter to an alleged infringer before a court action can be taken against him?
Answer 3
No. The patent owner has right (but not be obligated) to inform the infringer that he is the owner of the patent and request the infringer to stop the infringing activity.
Question 4
Is it possible to seek a preliminary injunction? If so, how long would this action take?
Answer 4
We wonder whether "a preliminary injunction" in this question means "a injunction/decision to grant a temporary and urgent measure. If yes, the answer of this question is "Yes". When or before initiating a lawsuit at the Court, the patent owner has right to request the court to grant temporary and urgent measures to stop the infringing activity. Such measures are Seizing Goods that infringe Industrial Property Rights, interdicting change the status, interdicting assign the property right, The person who made a such request is obligated to guarantee the payment of damages to such measure debtor in case of improper application of such provisional measure.
In urgent circumstances require protect evidences and prohibit a serious consequences that may be occurred, after receiving the request and evidences, within 48 hours as from the moment of receipt of the request, the judge in charge of the case must consider and issue a Decision of temporary and urgent measure. If the request is not accepted, the court must inform the requester by a written letter in which the reasons for unacceptance are given.
In other cases, the time limit for granting the above-mentioned decision is 3 days counted from the date of receiving the request if the person who made a such request must not perform guarantee measures or immediately after he perform guarantee measures.
Question 5
How long would a patent infringement/patent invalidation case take in Vietnam?
Answer 5
It varies upon case by case but it takes at least four to six months counted from the date of handling the ease. In practice, this term may extend 12-18 months.
Question 6
How are damages/royalties assessed?
Answer 6
Principles of determination of loss caused by IPR infringements:
- the loss caused to the holder of IPR by an infringement comprise both tangible and intangible loss: (i) Tangible losses comprise loss to property, decreased income and profits and reasonable costs for prevention and rectification of such loss, reasonable attorney fees and other, actual loss, loss of business opportunities, decrease in the business reputation and other intangible loss; (ii) Intangible loss comprise of loss to the dignity, honour, prestige and other intangible loss.
- the level of loss shall be determined on the basis of the actual losses incurred by the holder of IPRs due to the infringement upon such IPRs.
Bases for determination of losses caused by IPR infringements:
If the plaintiff succeeds in proving that an IPR infringement has caused tangible loss to him/her, lie/she shall have the right to ask the court to determine the level of damages on one of the following bases:
- the total tangible loss as determined in cash plus the profits gained by the IPR infringer if such profits have not yet been included in the total tangible loss;
- the value of transfer of the IPR subject matter with the assumption that the defendant has been transferred by the plaintiff the right to use that industrial property subject matter under a contract for using such industrial property subject matter to the extent equivalent to the act of infringement committed;
- in case it can not determine as above mentioned, the tangible loss is fixed by the court but not exceeding VND 500 million.
If the plaintiff succeeds in proving that such IPR infringement has caused intangible loss to him/her, he/she may request the court to determine an appropriate level of damages ranging from VND 5 million to VND 50 million depending on the level of loss.
In addition, the plaintiff may request the court to oblige the infringer pay the reasonable attorney fees.
Question 7
Can the alleged infringer sue for damages if the patent owner fails to proof infringement in court?
Answer 7
Yes. In case the alleged infringer succeeds in proving that the request for provisional measure is not well grounded and caused damages to him, the court will obligate the patent owner to pay of compensation for these damages.
In case the court decides that there is no infringing action, the alleged infringer may request the patent owner to pay of compensation for damages which are determined as in above answer (6).
Friday
General Enquiry On Possible New Litigation Matter In Thailand
Question 1
What are the possible remedies available in Thai Litigation?
Answer 1
The possible remedies and to apply for an urgent hearing for injunction relief, and to file the plaint against the other party, claiming for damages.
To request for an urgent injunction from the court, we must file the plaint against the other party, simultaneously.
Question 2
If injunctive relief is one of the remedies, how quickly can it be obtained and does client have to testify in person in Thailand?
Answer 2
It will take 2-3 weeks to prepare a plaint for filing at the court, as well as filing a petition demanding for an injunction.
If the judge believes that it is an urgent matter, then the judge will allow to have a hearing for an injunction on the same day that we file the case. Then the judge will issue a Court Order on that day, or the following day.
On the other hand, if the judge thinks that it not an urgent matter, then the judge will fix the day to have a hearing for the injunction which may take one or two months, even more, depending on the case schedule of the Court.
It would be better if the client is able to testify during the hearing for injunction by himself, otherwise the legal agent or representative of the client would have to testify instead.
Question 3
What are the governing Laws for such matter?
Answer 3
The Copyright Law, the Law of Contract, and the Law concerning business transaction on electronics, etc.
Question 4
What is its estimated duration?
Answer 4
For the injunction, if the judge grants an urgent injunction, it will take a few days after filing the case.
If the judge does not grant an urgent injunction, but only the normal injunction, it will take a few months or even longer.
For the process of the litigation, it may take a year and or even slightly longer.
Question 5
Is there any expedited process of obtaining judgment in Thailand, (like the summary judgment in Singapore, which is granted without trial, if the Court believes that there is no triable issue and therefore, there is no defence)?
Answer 5
There is a process for the summary judgment in Thailand. However, it is not easy to request and get a summary judgment.
Question 6
If he plaintiff is a foreign company, does it have to furnish security for costs of the defendant, and if so, what is the form and quantum of such security?
Answer 6
It is not compulsory for a foreign plaintiff to furnish security under Thai Law.
Nevertheless, the defendant has a right to submit a petition to the judge demanding the foreign plaintiff to furnish security.
The amount of security depends on the discretion of the judge, which will be influenced by the amount of claim.
The security would be in cash, which is deposited to the Court.
What are the possible remedies available in Thai Litigation?
Answer 1
The possible remedies and to apply for an urgent hearing for injunction relief, and to file the plaint against the other party, claiming for damages.
To request for an urgent injunction from the court, we must file the plaint against the other party, simultaneously.
Question 2
If injunctive relief is one of the remedies, how quickly can it be obtained and does client have to testify in person in Thailand?
Answer 2
It will take 2-3 weeks to prepare a plaint for filing at the court, as well as filing a petition demanding for an injunction.
If the judge believes that it is an urgent matter, then the judge will allow to have a hearing for an injunction on the same day that we file the case. Then the judge will issue a Court Order on that day, or the following day.
On the other hand, if the judge thinks that it not an urgent matter, then the judge will fix the day to have a hearing for the injunction which may take one or two months, even more, depending on the case schedule of the Court.
It would be better if the client is able to testify during the hearing for injunction by himself, otherwise the legal agent or representative of the client would have to testify instead.
Question 3
What are the governing Laws for such matter?
Answer 3
The Copyright Law, the Law of Contract, and the Law concerning business transaction on electronics, etc.
Question 4
What is its estimated duration?
Answer 4
For the injunction, if the judge grants an urgent injunction, it will take a few days after filing the case.
If the judge does not grant an urgent injunction, but only the normal injunction, it will take a few months or even longer.
For the process of the litigation, it may take a year and or even slightly longer.
Question 5
Is there any expedited process of obtaining judgment in Thailand, (like the summary judgment in Singapore, which is granted without trial, if the Court believes that there is no triable issue and therefore, there is no defence)?
Answer 5
There is a process for the summary judgment in Thailand. However, it is not easy to request and get a summary judgment.
Question 6
If he plaintiff is a foreign company, does it have to furnish security for costs of the defendant, and if so, what is the form and quantum of such security?
Answer 6
It is not compulsory for a foreign plaintiff to furnish security under Thai Law.
Nevertheless, the defendant has a right to submit a petition to the judge demanding the foreign plaintiff to furnish security.
The amount of security depends on the discretion of the judge, which will be influenced by the amount of claim.
The security would be in cash, which is deposited to the Court.
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