Overview on Organization and Establishment of Specialized IP Court in Vietnam

The organization and establishment of People's Courts of first instance specialized in Intellectual Property (“Specialized IP Court”) which resolves cases related to IP disputes as prescribed in Article 4.1.d of the Law on Organization of People's Courts (Law No. 34/2024/QH15 dated June 24, 2024 (hereinafter referred to as the Law if there is no further explanation) was passed by the Vietnam’s National Assembly and took effect from January 1, 2025.

This is an important step forward in protecting and enforcing IP rights. Current Vietnamese law stipulates that filing a lawsuit in court is one of the self-defense rights that IP owners can apply to protect their legitimate rights and interests (Article 198 of the IP Law). Due to the lack of specialized courts, along with certain limitations in both IP knowledge and practical experience of judges assigned to adjudicate, not few  judgments on IP disputes have been unfair and unconvincing, the rate of judgments being appealed is high, appellate trials are often prolonged, litigation costs are expensive, etc. These undesirable things have discouraged the litigants and also seriously affected the opportunities and business activities of the parties involved. Therefore, in reality, filing a lawsuit in court is almost a last choice. Instead, the injured party often chooses administrative remedies. The weakness of this measure is not comprehensive, low deterrence and cannot claim compensation for damages.

Below are some key points of the Specialized IP Court:

(i) Jurisdiction to establish or dissolve Specialized IP Court:

(Article 4.2.a of the Law)

The Standing Committee of the National Assembly decides to establish, dissolve and regulate the territorial scope of the Specialized IP Court.

(ii) Duties and powers of the Specialized IP Court

(Article 62 of the Law)

a) Conduct first-instance trials over IP cases according to regulations of the Civil Procedure Code; conduct first-instance trials over administrative lawsuits regarding IP in accordance with the Law on Administrative Procedures;

b) Issue decisions to compel execution of the Court’s legally-effective judgments or decisions on administrative lawsuits regarding IP as per law;

c) Impose administrative penalties for impediments to proceedings as per law;

d) Make overall assessment of adjudication practices; propose precedents;

dd) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law (i.e., to detect and recommend constitutionality and legality of legislative documents used for adjudication and settlement of lawsuits and cases as per law; to explain application of laws to adjudication and settlement of lawsuits and cases) and other duties and powers as per law.

(iii) Organizational structure of Specialized IP Courts

(Article 63 of the Law)

The Specialized IP Court has its Chief Justice, Deputy Chief Justices, People’s Court Judges, Clerks, Examiners, other public employees and employees. Each People's Court Judge working at the specialized IP Court shall have professional knowledge and working experience in the fields of IP.

(iv) Appellate trial, cassation or reopening procedure

(Articles 50.1 and 50.3 of the Law)

To conduct appellate trials over lawsuits/cases in which first-instance judgments or decisions issued by IP Court which have not yet taken legal effect or to conduct trials according to cassation or reopening procedure of lawsuits/cases in which judgments or decisions of specialized IP court which have taken legal effect are protested against in accordance with the law is within the duties and powers of the Superior People’s Courts.

Thus, after many years of waiting, there is a legal basis for the establishment of a specialized IP Court in Vietnam. It cannot be delayed any longer because Vietnam has participated in a number of International Trade Organizations/Free Trade Agreements such as WTO, EVFTA, CPTPP, RCEP... and must have the obligation to meet the requirements for IP protection that it requires.

However, with the current state of the Vietnamese court system lacking both facilities and the quality and quantity of judges, putting the IP Specialized Court into operation soon is a challenge. Currently (June 2025), there is no record of any IP Specialized Court being established and put into operation.

Therefore, at Point 5, Article 152. Transitional provisions, the Law stipulates that “the Courts shall continue to exercise their jurisdiction to organize first-instance trials over  adjudication and settlement of IP until specialized IP Courts are established and operate in accordance with regulations of law. This means that in Vietnam IP disputes will continue to be resolved for a while longer, at the People's Courts at the district, provincial or centrally-run city level. If the case has foreign elements or is related to commercial business, the jurisdiction will belong to the People's Court at the provincial level./.