In details
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. If you have any questions or need advice on how this proposed change might impact your business, please feel free to contact us.
