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Vietnam

Draft Resolution of the Council of Judges of the Supreme People’s Court Guiding the Resolution of Disputes and Lawsuits over Intellectual Property Rights

Introduction The Council of Judges of the Supreme People’s Court is developing, and seeking comments on, a Draft Resolution guiding the application of a number of legal provisions in the resolution of disputes and lawsuits over intellectual property (“IP”) rights (Draft No. 2, dated 16/9/2026, hereinafter the “Draft Resolution”). The Draft Resolution covers all fields of IP disputes within the jurisdiction of the People’s Courts, from copyright, related rights and industrial property rights to rights in plant varieties, while clarifying many practical legal issues that remain open in adjudication. Below is a summary of the notable contents of the Draft Resolution.

10/23/2026Read more →

Vietnam

2026 Draft Amended Criminal Code: Enhancing the Deterrent Effect on Intellectual Property Crimes

The draft amended Criminal Code of 2026, published on 22/09/2026 (the “Draft”), amends regulations on both intellectual property (“IP”) crimes by expressly providing for acts on a commercial scale, increasing penalties and increasing the monetary thresholds that determine criminal offenses (at the lightest penalty bracket), in line with socio-economic development, specifically as follows:

10/23/2026Read more →

Vietnam

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.

10/22/2026Read more →