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Amendments to Trademark Laws

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Jun 27, 2024 (Newsletter Issue 5/24)
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To Establish Specialised IP Courts

On 24 June 2024, Vietnam’s National Assembly approved crucial amendments to the Law on the Organization of People’s Court (LOPC) setting the stage for the creation of specialised courts, including dedicated Intellectual Property (IP) Courts. This legislative update aims to address the growing number of complex IP disputes, aligning with Vietnam’s international commitments to enhance IP enforcement.

The IP Court will handle IP disputes from their jurisdiction at the first-instance level. As the appellate proceedings will be referred to the respective High Court, there may also be an IP division there too.

Currently, district courts and high courts in Vietnam handle a broad spectrum of cases without specialization, leading to challenges in providing adequate training for judges on specific subjects, such as IP law. This has often resulted in inconsistent rulings and prolonged case resolutions. A specialised IP Court will ensure that judges with the appropriate expertise handle these IP cases, leading to more consistent and sound judgments.

The establishment of the IP Court is expected to streamline the resolution of IP disputes. It will provide a dedicated platform for litigating complex IP cases, potentially reducing the backlog and leading to quicker resolutions. This move is also seen as a step towards enhancing the professional capabilities of judges and court officials, ensuring they are well-versed in the nuances of IP law.

Moreover, having a specialized court could encourage more rights holders to pursue litigation.

The establishment of the IP Court also represents Vietnam’s effort to implement its international commitments on IP rights protection imposed by new-generation Free Trade Agreements.

Preparations for the IP Court's establishment are already underway, particularly in Hanoi, where the appointment of judges is in progress. The IP Court is expected to be operational after 1 January 2025. The Supreme People’s Court will oversee the establishment, ensuring a smooth transition to the new system.