In brief
The People’s Supreme Court and the National Assembly (NA) of Vietnam are expediting the issuance of a draft law that supersedes the existing Law on Organization of People’s Courts.
Among the proposed changes in the draft law, the option to establish a Specialized Court of First Instance for Intellectual Property (“Specialized IP Court“) has garnered considerable interest from intellectual property and legal professionals.
The draft law is currently under review by the NA delegates and is anticipated to receive approval during the 7th Session in June 2024.
In detail
Organizational matters: Upon the proposal submission of the Chief Justice of the Supreme People’s Court, the National Assembly Standing Committee will decide on the establishment and dissolution of specialized courts of first instance.
Proposed tasks and authorities of the Specialized IP Court:
- Adjudicating first-instance IP cases in accordance with the provisions of the Civil Procedure Code and the Law on Administrative Procedures
- Penalizing administrative violations for acts that obstruct procedural activities, in accordance with the law
- Summarizing trial practice and proposing case laws
- Detecting and proposing the constitutionality and legality of legal documents in adjudication, explaining the application of law, and settling cases and incidents, among other prescribed tasks and authorities
Debate and perspectives:
Proponents argue that establishing specialized courts aligns with the goal of building professional courts with expertise in specialized cases, meeting international judicial integration requirements. Critics question the necessity of such courts due to the limited number of cases in related specialized fields and call for a well-defined implementation plan.
Pilot implementation:
During the NA’s working session, multiple delegates suggested piloting specialized courts of first instance in central cities like Hanoi, Da Nang and Ho Chi Minh City for further feasibility evaluation.
In conclusion
If the formulation of the Specialized IP Court model is approved in this legislative project, amendments and supplements to relevant regulations under the Civil Procedure Code and the Law on Administrative Procedures will be necessary to ensure its legal establishment and deployment.
The proposal to establish a Specialized IP Court represents a significant advancement in the legal framework governing IP disputes in Vietnam. If enacted, this change promises to offer specialize and consistent adjudication of IP cases, ultimately benefiting stakeholders. It will provide a more predictable, effective and expert-driven legal process for patent-, design-, trademark-, copyright-, and other IP holders to take action against infringers, counterfeiters and other culpable parties to claim for damages and other remedies. As active members of the Intellectual Property Working Committee under the Vietnam National Bar Federation, we diligently advocate for this draft law. We are closely monitoring its progress, and we keep our clients informed of any related developments.
Author
Manh Hung Tran
Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.
Hung’s practices cover both contentious and non-contentious aspects of IP law, including trademarks, copyright, design, unfair competition, anti-counterfeiting, anti-piracy, domain names, commercial IP transactions including franchising and licensing arrangements, trade secret, and technology laws.
Hung has represented some of the world's largest multinational companies in all aspects of commercial IP, including franchising, licensing arrangements, and setting up their commercial presences in Vietnam (including their retail stores and e-commerce platforms).
While Hung's practices run the full gamut of IP work, he also has rich experience in the Telecommunications, Media, and Technology (TMT) practice, advising multinational corporations on data privacy, cybersecurity, e-commerce, offshore social media, digital services, data breach and incidents, and other emerging technologies. He has been assisting international film studios and streaming clients with various film and TV series productions in Vietnam.
Author
Hoa Tran
Hoa Tran has a longstanding career with Baker McKenzie Vietnam, where she currently heads the Firm's Trademark Practice. She joined Baker McKenzie Vietnam in early 2004 and has been with the Firm for nearly 20 years, now serving as Special Counsel and Lead Case Manager for the Firm's Intellectual Property (IP) practice.
Hoa is a recognized nationally qualified industrial property practitioner by the Vietnam Ministry of Science and Technology, and frequently represents the Firm's clients before the Intellectual Property Office of Vietnam, highlighting her expertise as a top IP professional.
Hoa has actively represented Baker McKenzie Vietnam, working together with Vietnamese government authorities to review and revise the country's IP law for several years. She is currently an active member of the Vietnam Intellectual Property Association, where she assists clients and IP practitioners in raising concerns about daily IP practice with local authorities. Her outstanding contributions to the IP field have consistently earned her recognition as a leading lawyer by legal directories.
Hoa has written many articles on IP-related topics such as copyrights, trademarks, trade secrets, enforcement and anti-counterfeiting, published in reputable local, regional and global publications. Hoa has also spoken at a number of conferences, seminars and workshops hosted by organizations, including the World Intellectual Property Organization, the United States Patent and Trademark Office, the International Trademark Association, the Vietnam Intellectual Property Association, the Intellectual Property of Vietnam Office, and other forums and institutes. Hoa also serves as a visiting lecturer on IP law at several universities in Vietnam and Japan.
Hoa's practice covers all aspects of IP law, with a particular focus on brand management, brand enforcement, IP advisory strategies, unfair competition, domain name disputes and copyright matters. Her work predominantly involves cross-border cases, where she collaborates with her colleagues throughout Asia to develop tailored international IP strategies for effective brand protection and enforcement for clients. Her strength lies in formulating practical strategies that prioritize clients' assets, budget and risk tolerance in every decision she makes.
In the brand protection arena, Hoa in an expert in analyzing and optimizing global trademark portfolios and brand management strategies. She possesses unparalleled expertise in trademark clearance, trade dress, copyright registration, opposition and cancellation proceedings, copyright and trademark licensing, enforcement and infringement issues, domain name disputes, online enforcement, and advertising matters. Furthermore, Hoa's extensive experience in formulating IP rights strategies, leading anti-counterfeiting operations at a national and regional level, and conducting raids has resulted in numerous successful outcomes for her clients.
Hoa's clientele boasts some of the world's largest companies in the pharmaceutical and health care, software, luxury goods, technology, entertainment, consumer goods and retail industries. She is a trusted advisor for clients of all sizes and industries, thanks to her exceptional project management skills and business-oriented insights.
