The First Three Precedents in the Field of Intellectual Property Adopted by the Council of Judges of the Supreme People’s Court
On 24 September 2026, the Council of Judges of the Supreme People’s Court (SPC) adopted three precedents in the field of intellectual property (IP) following a voting session on the draft precedents on the same day. This is the first time the SPC has approved precedents in the IP field. Although Vietnam is not a common law country, under the regulations, once precedents have been selected and published by the SPC, they are to be studied and applied in adjudication 30 days from the date of publication. In adjudicating, Judges and People’s Assessors must study and apply precedents, ensuring that cases with similar legal circumstances are resolved consistently. Where a case has similar legal circumstances but the Court does not apply a precedent, it must clearly state the reasons in the Court’s judgment or decision. Accordingly, the approval of the first three IP precedents is significant and enhances consistency in the adjudication of IP cases in court, in the context of an increasing number of IP cases.