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Vietnam is on the brink of a significant judicial transformation with the establishment of its specialized courts, including a dedicated intellectual property (IP) court in Vietnam.
This development follows the National Assembly’s approval of the amended Law on the Organization of People’s Courts on June 24, 2024. These amendments pave the way for establishing specialized first-instance courts to handle IP-centric and other specific cases.
The specialised IP court in Vietnam is expected to commence operations on January 1, 2025. The judiciary recognizes the need for a specialized legal mechanism to effectively resolve and enforce IP rights, thereby safeguarding IP owners’ legal rights and interests.
Increasing Complexity of IP Disputes
IP disputes in Vietnam are on the rise and becoming more complex. Applying procedures outlined in the Civil Procedure Law for resolving IP disputes has revealed numerous limitations, particularly in cases involving patents, and unfair competition practices. These complexities underscore the urgent need for a specialized court system.
Currently, Vietnam does not have specialized judges for IP cases, partly due to ineffective training and professional development initiatives. Individuals trained in IP are not directly adjudicating cases, and those adjudicating cases often lack specialized IP training. This gap in expertise has led to inaccurate decisions and has failed to address the root causes of IP infringements.
The Need for a Specialised IP Court in Vietnam
A specialised IP court in Vietnam with judges trained in this specific area is essential for making accurate decisions and addressing the core issues of IP infringements. Due to the unique nature of IP cases, plaintiffs often need to prove or fully determine the damages that have occurred. Accurate and legal court decisions are crucial to ensure the rights of the litigants are protected.
The establishment of a dedicated IP court represents a significant milestone in Vietnam’s judicial reform process. This development is part of the broader judicial reform process and ongoing efforts to perfect the legal mechanisms for protecting IP rights in Vietnam.
The introduction of Vietnam’s dedicated IP court is a landmark achievement that will greatly enhance the country’s ability to handle complex IP disputes effectively. By having specialized judges and a focused legal mechanism, Vietnam is poised to offer more accurate and just resolutions to IP cases, thereby fostering a more robust and reliable environment for IP rights protection. This initiative marks a significant step forward in Vietnam’s journey toward comprehensive judicial reform and the strengthening of its legal infrastructure.
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