You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 21, 2025

Vietnam’s Specialized IP Court: The Road Ahead

Subscribe to Updates
Managing Intellectual Property

A proposal to establish a specialized Intellectual Property Court in Vietnam has been a topic of significant interest among IP practitioners for the past 20 years. It was thus a major breakthrough when the new Law on the Organization of People’s Courts was ratified in 2024, stipulating in Article 4.1(dd) that the Vietnamese court system would include a specialized first-instance IP Court. The new law took effect on January 1, 2025, replacing the Law on the Organization of People’s Courts of 2014,

A groundbreaking law

This breakthrough can be viewed from multiple perspectives. First of all, in terms of organization, this is the first time, after numerous considerations, that Vietnam has officially recognized the importance of the IP field and the need to establish a specialized adjudicative body due to the field’s unique nature.

The establishment of a specialized first-instance IP Court is expected to lead to fundamental changes in the practice of developing and applying IP law. While the establishment of IP rights such as trademarks, patents, and plant varieties is managed by administrative agencies such as the Intellectual Property Office, the Copyright Office, and the Crop Production Department, which seem unlikely to change their functions and tasks, there could be significant changes in the enforcement of these rights, which has been a persistent issue in Vietnam’s IP law system.

Thus far, in practice, the enforcement of IP rights in Vietnam has relied overwhelmingly on administrative measures over civil measures. Civil measures, typically involving court proceedings under which the matter will be submitted to a court for settlement, are not appealing to disputing parties, especially IP rights owners. The absence of a specialized court has led to many IP cases being handled by judges without any knowledge or experience in this specialized field, resulting in confusion, misconceptions about the nature of the cases, and even incorrect judgments as the judges struggle to navigate unfamiliar territory. This has prolonged the case handling process by up to eight years in some cases, if both first-instance and appellate levels are involved. In many cases, by the time a judgment is issued, the protection period has already expired, and the rights owners’ expectations for a fair trial process are unmet.

Moreover, without a specialized court, IP cases are handled like ordinary civil or commercial cases, even though they may require swift decisions. For instance, in a hypothetical patent case related to mobile phones (for which Vietnam is a major manufacturing hub), the patent owner/plaintiff might request the court to issue an injunction such as a ban on the production, distribution, or importation of a product line it believes to be infringing. This scenario is entirely plausible, and the economic, legal, and consequential implications of granting or denying such an injunction are significant. Therefore, having a court with professional judges specialized in this field would be much more convenient, allowing them to become familiar with and not overwhelmed by the cases they are assigned to handle, leading to more expedient actions.

The path forward

While the desire is clear, the pace of actual implementation is another matter. In particular, the plan set out in the new Law on the Organization of People’s Courts to put a specialized first-instance IP Court, and other specialized courts such as administrative and bankruptcy courts, into operation immediately upon the law’s effective date of January 1, 2025, has failed to materialize, or is not currently practicable, due to existing barriers and the need to amend other legal documents before proceeding. For example, provisions on jurisdiction over case types in the Civil Procedure Code in 2015, specifically Articles 26.4 and 30.2, also need corresponding amendments to ensure consistency within the legal system. However, the planning process for passing amendments to the Civil Procedure Code will undoubtedly require considerable preparation time. It is likely that the corresponding amendments to the Civil Procedure Code will not be implemented until 2026. Consequently, the specialized first-instance IP Court may not become operational until 2026 or 2027 at the earliest.

In the meantime, the judiciary should prepare all other necessary conditions, such as personnel, facilities, and organizational structure planning, to avoid any further delays that may again be caused by this process in realizing this idea of a highly anticipated and desirable specialized court.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Dispute Resolution and Litigation

Intellectual Property

Location

RELATED INSIGHTS​ 

August 28, 2026
When considering a franchise, many people first think of a restaurant, retail chain, or service outlet. From a legal perspective, however, the foundation of every franchise lies in the right to use a brand, which is typically granted through a trademark license. Trademarks are often the most valuable assets in a franchise system. Through a trademark license, a franchisor authorizes a franchisee to use its trademarks, logos, and branding while maintaining control over how the brand is presented to customers. The Role of Trademarks in Franchise Businesses Under the Trademark Law 2019, a mark is defined as a sign that is capable of distinguishing the goods or services of one undertaking from those of others in the course of trade. This distinguishing function is particularly important in a franchise arrangement, where the franchisee’s use of the franchisor’s trademark allows consumers to recognize the source, quality, and reputation of the business. In this way, trademarks help preserve brand identity, strengthen market recognition, and protect the commercial value of the franchise system. Legal Foundation for Franchise Brand Protection Myanmar presently does not have a specific statutory framework governing franchise arrangements. As a result, franchise agreements are generally regulated under the broader applicable legal framework, including the Contract Act 1872, the Trademark Law 2019, the Competition Law 2015, the Consumer Protection Law 2019, and the relevant implementing rules and regulations. The licensing of trademarks within a franchise arrangement is particularly governed by the Trademark Law 2019. Franchisors should ensure that the trademarks intended to be licensed to franchisees in Myanmar are registered under the Trademark Law 2019 and that the relevant trademark license is properly recorded with the Intellectual Property Department (IPD). Trademark License Recordal Under the Trademark Law 2019, the owner of a registered trademark may grant a license to another
Read More
August 27, 2026
It is generally understood that patents are granted for new designs that have not been widely known or used in Thailand and not been disclosed anywhere prior to the date of the patent application. It is trite law that design law protects the distinctive appearance or products. Under Section 3 of the Thai Patent Act B.E. 2522, as amended by the Patent Act (No. 2) B.E. 2535 and the Patent Act (No. 3) B.E. 2542, a design is defined as “any form or composition of lines or colors that gives a product a special appearance and can serve as a pattern for an industrial or handicraft product.” This raises an important question. Can a patent be issued for a product design that contains text, numerals, trademarks, or symbols that do not fall under the definition of a design? This issue commonly arises when attempting to register packaging, labels, and graphical user interfaces (GUIs). Until a few years ago, applicants could file design applications with the Thai Patent Office for designs that contained such elements, provided that an appropriate disclaimer was included. This practice was generally accepted by Thai design examiners at that time, but the Patent Office has since implemented a change in its practice that could have a significant impact on applicants for design patents. Where design representations are submitted as line drawings or computer-aided design (CAD) drawings, the examiner may now issue an office action requiring their removal. This practice, however, appears to be applied inconsistently, as some examiners still exercise their own discretion in determining whether drawings containing these elements are acceptable. Below are examples of a GUI design, a CAD drawing design, and a photographic design representation that illustrates issues relating to the presence of nonallowable elements. GUI design For this GUI design, the submitted
Read More
August 27, 2026
Franchising in Thailand has matured into a sizeable commercial sector, but the rules governing franchisor–franchisee relationships remain scattered across general legislation rather than consolidated in a dedicated franchise statute. In this environment, the decisions of the Trade Competition Commission of Thailand (TCCT) have emerged as valuable practical guidance. Thailand follows a civil-law system in which judicial and administrative decisions do not create binding precedent; however, past rulings are nonetheless influential. This article examines the most instructive recent TCCT decisions and distills the practical compliance considerations for franchisors and franchisees operating in Thailand. Postcontract Changes: Justified or Unfair? A recurring issue is whether a franchisor may alter the terms of engagement after contract execution. The TCCT has established that midterm modifications are not inherently unfair; the determinative factors are whether there was a reasonable business justification, adequate advance notice, and a transparent process. In a 2023 coffee franchise matter, for instance, the TCCT declined to find a violation where a franchisor increased raw material prices, noting the increase had been communicated in advance and supported by demonstrable cost pressures. A bubble tea franchise matter reinforces this principle. The TCCT found that postcontract mandatory purchases of branded syrup and flavorings were justified, as the agreement reserved the franchisor’s right to modify product requirements, the materials were sold at or below market prices, and the branded ingredients possessed distinctive qualities deemed essential to franchise quality. The complaint was dismissed, with the additional requirements characterized as a legitimate measure to preserve brand consistency. Considered together, these decisions indicate that post‑contract modifications will be evaluated against three criteria: (1) whether there is a legitimate business rationale, (2) whether adequate advance notice was provided, and (3) whether franchisees were treated equitably throughout the transition. Discriminatory Treatment: Are Renewals and Information Equal? A 2024 automotive dealership
Read More
August 24, 2026
Significant economic challenges facing Thailand in recent years have placed financial pressure on both individuals and businesses. As a result, many debtors may find themselves unable to meet their repayment obligations, leading to bankruptcy proceedings. When an individual or corporate debtor in Thailand is subject to bankruptcy proceedings, the Thai Bankruptcy Act B.E. 2483 (1940) provides a legal framework for collecting a debtor’s assets and using them to repay creditors. Under the Bankruptcy Act, creditors wishing to recover outstanding debts must file a debt repayment application (DRA), which is the primary mechanism for asserting claims in bankruptcy proceedings. However, the filing of a DRA is subject to specific legal requirements, procedural rules, deadlines, and supporting documentation. Failure to comply with these requirements may adversely affect a creditor’s ability to recover its claim. This article highlights the key considerations that creditors should be aware of when filing a DRA in a bankruptcy case in Thailand. Filing a DRA In a bankruptcy case, after the court issues an absolute receivership order, the debtor loses the authority to manage or dispose of its assets. Control over the debtor’s assets is transferred to the official receiver, a government official responsible for administering the bankruptcy estate in accordance with the Bankruptcy Act. Creditors seeking repayment of their debts must file a DRA with the official receiver within two months of the absolute receivership order being officially published in the Government Gazette. For creditors outside of Thailand, the official receiver may extend the filing period by up to an additional two months. These filing deadlines are strictly enforced. Failure to file within the prescribed period may result in the claim being barred, except in limited circumstances permitted by the Bankruptcy Act. Where a late filing is accepted due to force majeure, the creditor may only
Read More