Vietnam is about to Establish Intellectual Property Courts

Vietnam is about to Establish Intellectual Property Courts

Attorney Le Quang Vinh – Bross & Partners

The Supreme People’s Court of Vietnam (SPC) has completed and released its Draft Revision to Law on Organization of the People’s Courts of 2014 (Draft 2.0). [1]

According to the Draft 2.0, one of the most encouraging signals in favour of intellectual property right holders is that Vietnam first time has decided to establish IP specialized courts. In particular, Article 61 of Draft 2.0 provides for that specialized first-instance people’s courts will be set up, including intellectual property first-instance courts, administrative first-instance courts, and first-instance courts for bankruptcy. Intellectual property first-instance courts have jurisdiction to hear intellectual property cases in accordance with the Civil Procedure Code of 2015.

If approved by the National Assembly, the establishment of specialized courts on intellectual property would be further evidence of Vietnam’s strong efforts in implementing its international commitments on the protection of intellectual property rights in Vietnam imposed by the new-generation FTAs such as CPTPP, EVFTA & RCEP, of which provisions were transposed into the 2022 Law on intellectual Property.[2] It is hoped that the Office of the United States Trade Representative (USTR) next year in its annual Special 301 Report would withdraw Vietnam from the Watch List.[3]

Bross & Partners, an intellectual property company ranked Tier 1 in 3 consecutive years (2020-2022) by Legal 500 Asia Pacific, has rich experience in resolving complicated IP disputes including trademarks, copyrights, patents, plant varieties in Vietnam and abroad.

Please contact: Vinh@bross.vn; mobile: 0903 287 057; Zalo: +84903287057; Skype: vinh.bross; Wechat: Vinhbross2603.

[1] Full text of Draft 2.0 and Draft Explanation 2.0 by SPC (only in Vietnamese) may be viewable at: Dự thảo 2: Luật Tổ chức Tòa án nhân dân (sửa đổi) (toaan.gov.vn)

[2] See more: 10 Key Changes in the Vietnam IP Law of 2022 and Our Comment on Their Impact on the Business Environment and Innovation Activities in Vietnam – Lexology

[3] Vietnam is still on the list of countries of concern to the United States about intellectual property according to the 2023 special 301 report. One of the reasons why USTR still remains Vietnam in the Watch List because “Vietnam continues to rely heavily on administrative enforcement actions, which have consistently failed to deter widespread counterfeiting and piracy”. See more: 2023 Special 301 Report, Office of the United States Trade Representative: 2023 Special 301 Report.pdf (ustr.gov). To understand current situation of IP enforcement in Vietnam, see more: The State of IP Infringement and Vietnam’s Efforts to Boost Efficiency in Enforcement of Intellectual Property Rights | The State of IP Infringement and Vietnam’s Efforts to Boost Efficiency in Enforcement of Intellectual Property Rights (bross.vn)