Judicial expertise individuals and institutions in industrial property in Vietnam

The Ministry of Science and Technology (MoST) recently issued Decision No. 818 / QD-BKHCN on March 26, 2020 announcing the list of Judicial expertise individuals and institutions according to specific cases in scientific and technological activities, including industrial property, under its management competence in 2020.

This Decision is based on Article 9. Jurisdiction, order and procedures for appointment of judicial experts of the Law on judicial expertise, according to which the forensic medicine and psychiatric forensic medicine experts are appointed by the Minister of Health,  the criminological technique experts are appointed by the Minister of Public Security; other judicial experts are appointed by Ministers and Heads of ministerial-level agencies in the fields under their management.

Article 2. Interpretation of terms in this Law writes that “Judicial expertise means that judicial expertise performers use scientific, technical and professional knowledge, means and methods to make expert conclusions regarding matters related to the criminal investigation, prosecution and trial and enforcement of criminal judgments or settlement of civil cases and matters and administrative cases when solicited by procedure conducting agencies or persons or when requested by expertise requesters specified in this Law”.

According to Decision No. 818 / QD-BKHCN of the MoST  there is only one organization of judicial examination by specific cases in the field of industrial property that is the Vietnam Intellectual Property Research Institute (VIPRI) and two judicial experts, namely Mr. Pham Dinh Chuong (on inventions and semiconductor integrated circuit layouts, industrial designs, trademarks and geographical indications) and Mr. Vu Khac Trai (on inventions and semiconductor integrated circuit layouts) ./.