Draft Resolution of the Council of Judges of the Supreme People’s Court Guiding the Application of a Number of Provisions on the Crime of Infringing Copyright and Related Rights and the Crime of Infringing Industrial Property Rights under the Criminal Code
The Council of Judges of the Supreme People’s Court is seeking comments on a Draft Resolution guiding the application of a number of provisions on the Crime of infringing copyright and related rights (Article 225) and the Crime of infringing industrial property rights (Article 226) of the Criminal Code (as amended and supplemented by Law No. 59/2024/QH15 and Law No. 86/2025/QH15) (the “Criminal Code”) (hereinafter referred to as the “Draft Resolution” or the “Draft”). The Draft Resolution sets out an important legal framework for procedure-conducting authorities to apply criminal provisions on intellectual property (“IP”) uniformly, including: definitions of core concepts, guidance on determining the constituent elements of the offense, methods of determining damage, and the delineation between the crime of infringing IP rights and other related crimes.