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Specialized IP Court

Vietnam approves specialized IP court, marking a milestone for intellectual property protection and enforcement

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In brief

  • In an earlier post, we had reported about the draft Law on Organization of People’s Courts (“Law“), which among others had the goal to establish a Specialized Court of First Instance for Intellectual Property (“Specialized IP Court“) .
  • On 24 June 2024, the National Assembly of Vietnam approved the amended Law. The Law has officially laid the groundwork for the establishment of a Specialized IP Court, marking a milestone for IP rights protection and enforcement in Vietnam.
  • The Law, which includes nine chapters and 152 articles, will come into effect on 1 January 2025. Currently, the law drafter is conducting cosmetic checks before submitting the final version to the president for publication in the official gazette.

In detail

The establishment of the Specialized IP Court in Vietnam’s court system represents a significant step in shaping the development of the country’s intellectual property landscape. Below are the key insights regarding the Specialized IP Court as prescribed in the Law:

  • Organizational structure: The Specialized IP Court will consist of: (i) the Chief Justice; (ii) Deputy Chief Justice; (iii) Judges of the People’s Court; (iv) Court Inspectors; (v) Court Clerks; and (vi) other civil servants and employees. Judges working at the Specialized IP Court are required to have professional knowledge and experience in the field under its jurisdiction.
  • Tasks and authorities of the Specialized IP Court:
    • Adjudicating first-instance IP cases
    • Issuing decisions to compel the enforcement of effective court rulings and decisions on administrative IP cases
    • Penalizing administrative violations for acts that obstruct procedural activities
    • 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
  • Transitional process: To ensure consistency and prevent legal gaps, existing courts will retain jurisdiction over first-instance adjudication and resolution of IP cases until the establishment and lawful operation of the Specialized IP Court.
  • Implementation: The National Assembly Standing Committee will decide on the establishment and dissolution of the Specialized IP Court upon the proposal submission of the Chief Justice of the Supreme People’s Court.

The Supreme People’s Court will take steps to prepare for the official establishment of specialized courts, including developing specific proposals and plans, reporting to and seeking consultation from competent authorities on policy matters, and then presenting to the National Assembly Standing Committee for consideration and decision. It is expected that the Specialized IP Court model will be piloted in central cities such as Hanoi, Da Nang and Ho Chi Minh City for further feasibility evaluation.

In conclusion

The establishment of the Specialized IP Court represents a significant milestone in Vietnam’s legal landscape. This development responds to the increasing complexity and volume of intellectual property cases, reflecting the country’s economic growth. The Specialized IP Court aims to offer more effective, expert-driven and predictable legal processes, and tailored options for patent, design, trademark, copyright, and other IP rights holders. It will enable IP rights holders to take decisive action against infringers and counterfeiters, as well as to seek damages and other remedies.

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Author

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

Minh Tri Quach is a partner based in the Hanoi office of Baker McKenzie. He is admitted as a lawyer in Vietnam and licensed to act as an IP agent before the Vietnam National Office of Intellectual Property. His practice focuses on anti-counterfeiting, anti-piracy, commercial intellectual property agreements, the entertainment industry, data privacy, internet, dispute resolution and litigation. In addition, he has extensive experience in assisting clients on entertainment and media laws, data privacy, internet and technology issues. Mr. Quach also acts for clients in dispute matters before courts and in arbitration.

Author

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.

Author

Dung Pham has over 18 years of IP legal experience in Vietnam, focusing on contentious IP work. Dung’s practice covers a wide range of matters including trademark prosecutions, trademark disputes and enforcement, and litigation. She has coordinated with Vietnamese government authorities for numerous IP infringement cases across multiple jurisdictions, and has built up an extensive network of clients.

Author

Huu Tuan Nguyen is a senior associate at Baker McKenzie's office in Ho Chi Minh City.

Author

Son Tuan (Marx) Do is an associate at Baker McKenzie's office in Hanoi.

Author

Mr. Ngoc Quan Hoang is an associate in the Intellectual Property team of Baker McKenzie Hanoi.

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