Vietnam is moving closer to establishing a specialized Intellectual Property (IP) Court, a long-awaited development that is expected to significantly strengthen IP protection and enforcement in the country.
This progress follows the adoption of the amended Law on the Organization of People’s Courts, approved by the National Assembly in June 2024 and effective from 1 January 2025. The amended law provides the legal basis for the establishment of specialized first-instance courts, including courts dedicated to intellectual property disputes.
Over the past years, IP infringement cases in Vietnam have increased in both number and complexity, stretching the capabilities of the general court system.
Key challenges have included:
Lengthy and costly litigation processes under the civil court system.
Limited expertise among judges in handling complex IP matters.
Inconsistent rulings and frequent appeals due to lack of specialization.
According to the Asia IP report, these issues have hindered IP rights enforcement and discouraged businesses from pursuing judicial action.
The new court will be staffed with specially trained judges dedicated to IP cases, ensuring faster, more professional, and more consistent handling of disputes.
“To the best of my comprehension, the court system is urgently conducting professional training sessions for judges, expected to be established in Hanoi or expanded in Ho Chi Minh City and Da Nang,” said Mr. Quoc Chien Le, Managing Partner at ANNAM IP & LAW.
Key anticipated benefits include:
Faster case resolution and reduced backlog.
Lower litigation costs and more predictable timelines.
Clearer rulings and better guidance on damages.
Simplified procedures for foreign plaintiffs, improving access for international businesses.
Boosting investor trust and encouraging more IP litigation when disputes arise.
Mr. Le further noted:
“In the long run, judicial proceedings in the event of IP disputes will reveal one of the most effective resolutions.”
The specialized IP Court is expected to:
Encourage creativity and technological innovation.
Strengthen protection for Vietnamese brands such as ST25 Rice and Trung Nguyen Coffee, whose ownership has faced disputes abroad.
Align Vietnam more closely with international trade agreements like CPTPP, EVFTA, and RCEP.
Enhance Vietnam’s image as an innovation-friendly and investor-ready economy.
While optimism is high, successful implementation will require:
A clear legal framework governing the court’s operations.
Ongoing capacity-building and training for judges and staff.
Adequate time for procedural refinement to match global best practices.
Still, experts believe the court has the potential to become a cornerstone of Vietnam’s IP enforcement system.
Vietnam’s launch of a specialized Intellectual Property Court is not just a legal reform, it is a strategic move to secure the country’s innovation-driven future. With specialized judges, streamlined processes, and stronger protection for both local and foreign IP rights, 2025 could mark the beginning of a new era for IP enforcement in Vietnam.
Source:
Based on Asia IP article: “Vietnam’s IP court ready to take off” (17 January 2025). Read the full article here:
https://www.asiaiplaw.com/article/vietnams-ip-court-ready-to-take-off