Vietnam: A Need to Establish an Intellectual Property Court

In most countries, judges are playing a huge and necessary role in protecting IP rights. While in Vietnam, the courts are not specialized in this field leading to a scenario where from 2012 to 2015, almost all infringement cases were handled by an administrative agent. It would seem that the establishment of an IP Court to be more than necessary, especially as infringement cases in Vietnam are growing, particularly with the development of electronic commerce.

With a need for better protection of IP rights in Vietnam primarily as violations of IP rights are not handled as strongly as they ought to be. The development of online platforms has changed the way people are infringing IP rights, and it makes inspectors’ job more problematic. Many businesses are taking advantage of new technologies and legal insufficiencies to sell counterfeit products. Additionally, it is even more important to strengthen punishment for the violation in the online environment in order to encourage innovation.

A specialized Intellectual Property Court is urgently required, but as yet we are yet to see any significant progress.


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