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Scope of legal conflicts

Đào Văn Thắng by Đào Văn Thắng
31/10/2024
in Document
0

The question of legal conflicts arises within the scope of all international legal relations, with some exceptions.

As mentioned earlier, international legal relations often give rise to the phenomenon of legal conflicts. However, certain relationships, such as intellectual property rights, have unique characteristics, particularly the intangible nature of the assets involved. Therefore, intellectual property rights are protected and can only be enforced within the territory and legal framework of the country where they are established. Consequently, in these cases, there are no legal conflicts (with objective reasons but without subjective reasons), and it is not possible to apply foreign laws to protect intellectual property rights for a specific entity in Vietnam. However, in contractual relationships related to intellectual property rights, such as contracts for the transfer or assignment of rights or compensation for damages caused by infringement of intellectual property rights, legal conflicts may arise. These relationships are considered contractual or civil relationships and are subject to legal conflicts.

Therefore, it can be concluded that legal conflicts arise in most civil relationships with foreign elements, except for certain special cases as analyzed above.

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