The Emerging Role of Specialized Intellectual Property Courts in Vietnam: Authority to Invalidate IP Rights under the 2025 Legal Framework

This article explores the evolving jurisdiction of Vietnam's specialized Intellectual Property (IP) courts, particularly their newly established authority to invalidate registered IP rights, a competence officially in force from July 1, 2025. The analysis is grounded in recent amendments to the Law on Intellectual Property (2022), the Law on Organization of People's Courts (2024), and relevant procedural codes. The article situates Vietnam's development in comparative international context and examines its implications for IP litigation and enforcement in Southeast Asia.

1. Introduction

Vietnam's legal infrastructure for intellectual property (IP) protection has undergone a significant transformation. With the establishment of specialized IP courts taking effect in 2025, Vietnam aligns more closely with international best practices in adjudicating IP disputes. One of the most consequential shifts is the judicial authority to invalidate IP titles—a power traditionally vested solely in the National Office of Intellectual Property (NOIP).

2. Historical Context: Administrative Dominance in IP Invalidation

Prior to 2025, the invalidation of IP rights in Vietnam was exclusively handled by NOIP, pursuant to Article 96 of the Law on Intellectual Property. Although courts could rule on infringement and ownership disputes, they lacked the power to directly revoke or annul IP rights. This administrative monopoly often led to procedural delays and limited judicial remedies in high-stakes litigation.

3. Legal Reform Milestones: Basis for Judicial Invalidation of IP Rights

The turning point lies in the synchronized legal reforms:

- Law on Intellectual Property (amended 2022): Article 96 and Clause 30 of Article 1 enumerate broader grounds for invalidation, including bad faith filings, insufficient disclosure, and over-claimed subject matter;

- Law on Organization of People’s Courts (amended 2024): Provides for the establishment of specialized IP courts at the provincial level, empowering them with jurisdiction over civil, administrative, and commercial IP disputes;

- Civil Procedure Code (to be amended in 2025): Recognizes declaratory actions seeking invalidation of registered IP rights as justiciable claims.

These reforms establish the procedural and substantive framework for courts to adjudicate not only infringement, but also the validity of the underlying rights.

4. Judicial vs. Administrative Revocation: A Dual Track System

With the new regime, Vietnam adopts a hybrid approach:

- Administrative revocation remains available through NOIP upon third-party request;

- Judicial invalidation can now be pursued in court as part of a civil lawsuit or standalone declaratory action.

This aligns Vietnam with jurisdictions such as Japan, Korea, and Germany, where courts play an active role in assessing the validity of IP rights.

5. Comparative Perspective and Strategic Implications

The introduction of judicial invalidation creates significant opportunities and challenges:

- It enhances the integrity and balance of IP litigation by enabling invalidity defenses and counterclaims;

- It provides a more neutral forum for resolving complex disputes, particularly where administrative decisions may be influenced by policy constraints;

- It may invite forum shopping and procedural inconsistencies during the transition phase.

From a regional perspective, Vietnam's reform sets a precedent for ASEAN neighbors, many of whom still rely heavily on administrative invalidation mechanisms.

6. Conclusion

Vietnam's establishment of specialized IP courts with authority to invalidate IP rights marks a fundamental evolution in its IP enforcement regime. Anchored in updated legislation and judicial reforms, the new model promises more balanced, efficient, and internationally harmonized IP adjudication. This development will likely enhance investor confidence, support innovation ecosystems, and strengthen Vietnam’s role in the global IP landscape.

Keywords: Vietnam, Intellectual Property Court, Invalidation, Law on IP 2022, Judicial Review, Southeast Asia, Legal Reform