November 24, 2023

EuroCham Intellectual Property Rights Sector Committee meets Supreme Court to discuss Intellectual Property Rights Enforcement

The EuroCham Vietnam Intellectual Property Rights Sector Committee (IPRSC) engaged in a significant discussion on the pressing issue of criminal liability concerning intellectual property rights (IPR) infringement in Vietnam. Held at the Supreme Court Office in Hanoi, the meeting underscored the critical need for more stringent enforcement measures and a comprehensive approach to safeguarding intellectual property.

The discussion centered around criminal liability issues surrounding intellectual property rights (IPR) infringement in Vietnam. The absence of a specialized IPR court within the Vietnamese legal system emerged as a significant hurdle in ensuring effective protection and enforcement mechanisms. Numerous instances of IPR breaches involve intricate networks operating across multiple provinces, further complicating the resolution process.

The IPRSC’s recommendations encompass multifaceted strategies. Firstly, they suggest the Supreme People’s Court to proffer official guidelines specifically tailored for the criminal prosecution of IPR violations. Simultaneously, they advocate for heightened sanctions by relevant authorities to deter potential breaches. Additionally, the committee proposes the establishment of specialized IPR courts in Vietnam, aiming to streamline and expedite legal proceedings related to intellectual property disputes. Collaborative efforts with EuroCham’s Intellectual Property Rights Sector Committee were suggested as a potential solution to confront these challenges.

IPRSC also called for streamlining expert opinion processes from Vietnam’s IPR specialized agencies, citing inefficient and time-consuming feedback. To address this, the committee suggested empowering IPR enforcement agencies to take decisive actions without solely relying on expert opinions, thus expediting the process and ensuring more immediate responses.

 

From the Supreme Court’s perspective, they agree with the potential value of specialized courts in resolving transnational disputes. Their Draft Law on Court Organization also plans to establish specialized IP courts, however the current volume of international trade and IPR cases in Vietnam remains small.

The Supreme Court emphasized that EuroCham and authorities need to actively exchange information and support each other effectively going forward. Potential mechanisms could include an MoU to enable more practical collaboration.


Among the attendees were Tran Van Thu, Director General of the International Cooperation Department at the Supreme People’s Court, alongside Ms. Vu Thi Hong Yen – Chairwoman of IPRSC and other members of IPRSC, contributing insights and perspectives from the field. Additionally, Ms. Van Nguyen, Head of Office Hanoi cum External Relations Manager attended on behalf of EuroCham. 

The meeting marks a significant step towards addressing the complex landscape of IPR enforcement in Vietnam. The collaborative efforts between the IPRSC and Vietnam’s Supreme Court demonstrate a commitment to fortify legal frameworks and protect intellectual property rights, ensuring a conducive environment for innovation and legitimate business endeavors in the country.


Want to learn more about IPR? Contact our SC Coordinator, Mr. Danh Nguyen at DANH.NGUYEN@EUROCHAMVN.ORG

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