In details
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 New 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.
