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20/07/2026

INTELLECTUAL PROPERTY

A practical guide to intellectual property litigation in Vietnam, including court jurisdiction, required documents, filing procedures, limitation periods and available remedies

INTELLECTUAL PROPERTY LITIGATION IN VIETNAM: JURISDICTION AND PROCEDURES

In an increasingly knowledge-based and innovation-driven economy, intellectual property rights are not merely legal protections; they are valuable business assets. Trademarks, patents, industrial designs, copyrighted works, software, trade secrets and plant varieties can generate substantial revenue and create significant competitive advantages.

However, because intellectual property assets are intangible, infringements can be difficult to detect, prove and quantify. Disputes may also arise over ownership, the scope of protection, licensing arrangements or the commercial exploitation of intellectual property rights.

Where negotiation, cease-and-desist letters or administrative enforcement do not achieve an effective outcome, litigation before a Vietnamese court may be necessary. Through civil proceedings, an intellectual property rights holder may seek an injunction against further infringement, compensation for damages and other remedies available under Vietnamese law.

Since 1 July 2025, Vietnam’s court system has operated under a restructured organizational model. Identifying the competent court has therefore become one of the most important preliminary steps in any intellectual property lawsuit in Vietnam.

What Are Intellectual Property Rights and Intellectual Property Disputes?

Under Vietnam’s Law on Intellectual Property, intellectual property rights are rights held by organizations and individuals over intellectual assets. These rights include:

Copyright and copyright-related rights;
Industrial property rights; and
Rights to plant varieties.

Industrial property rights include rights to inventions, industrial designs, layout designs of semiconductor integrated circuits, trademarks, trade names, geographical indications and trade secrets, as well as the right to prevent unfair competition.

An intellectual property dispute may generally be understood as a conflict between individuals or organizations concerning the establishment, ownership, use, transfer, exploitation or protection of intellectual property rights.

Such disputes do not arise solely between direct competitors. They may also occur between:

An author and the owner of a copyrighted work;
An inventor and a patent applicant;
A licensor and a licensee;
Joint owners of intellectual property;
An intellectual property rights holder and an alleged infringer; or
Parties to an intellectual property assignment or technology transfer agreement.

Common Types of Intellectual Property Disputes in Vietnam

Intellectual property disputes in Vietnam commonly fall into the following categories.

Copyright and Related Rights Disputes

These disputes may concern literary, artistic or scientific works, computer programs, sound recordings, video recordings, broadcasts or performers’ rights.

Typical cases include unauthorized copying, publication, distribution, adaptation, communication to the public or commercial exploitation of a protected work.

Industrial Property Disputes

Industrial property disputes frequently involve:

Trademarks;
Patents and utility solutions;
Industrial designs;
Trade names;
Geographical indications;
Trade secrets; and
Unfair competition involving intellectual property.

Trademark infringement disputes are among the most common, particularly where an identical or confusingly similar sign is used for identical, similar or related goods and services.

Plant Variety Rights Disputes

A dispute may arise from the unauthorized propagation, production, sale, export, import or commercial use of a protected plant variety.

Ownership and Registration Entitlement Disputes

These cases concern questions such as:

Who is the true author or inventor?
Who owns the intellectual property right?
Who is entitled to file a patent, industrial design or trademark application?
Was an application filed in bad faith or without the lawful owner’s consent?

Intellectual Property Contract Disputes

Contractual disputes may arise from:

Intellectual property assignment agreements;
Trademark or patent licence agreements;
Copyright licensing agreements;
Franchise agreements;
Technology transfer agreements;
Research and development agreements; or
Agreements concerning the creation and ownership of intellectual property.

Intellectual Property Infringement Disputes

Common examples include:

Unauthorized use of an identical or confusingly similar trademark;
Reproduction, distribution or commercial exploitation of a copyrighted work without permission;
Manufacture or sale of products incorporating a protected invention or industrial design;
Misappropriation or unauthorized disclosure of trade secrets;
Sale or distribution of trademark-counterfeit goods; and
Unfair competition involving intellectual property assets.

Which Court Has Jurisdiction over Intellectual Property Disputes in Vietnam?

Since 1 July 2025, Vietnam’s court system has been reorganized into:

The Supreme People’s Court;
Provincial-level People’s Courts; and
Regional People’s Courts.

Certain intellectual property cases falling within the first-instance jurisdiction of specialized courts are handled on a concentrated regional basis.

Regional People’s Court No. 2 in Hanoi

This Court handles qualifying intellectual property cases arising within its assigned territorial jurisdiction in northern and north-central Vietnam.

Its territorial coverage includes Hanoi, Hai Phong, Hue and other provinces assigned to the Court under the applicable court-organization legislation.

Regional People’s Court No. 1 in Ho Chi Minh City

This Court handles qualifying intellectual property disputes arising within its assigned territorial jurisdiction in southern Vietnam, the South-Central Coast and the Central Highlands.

However, it would be inaccurate to assume that every case involving intellectual property must automatically be filed with one of these two Courts.

Before commencing proceedings, the claimant must determine:

Whether the dispute is civil or commercial in nature;
Whether the defendant is an individual or an organization;
The defendant’s place of residence or registered office;
The place where the infringement or damage occurred;
Whether the parties have a valid jurisdiction agreement;
Whether the claim falls within the first-instance jurisdiction of a particular court level;
Whether the case contains a foreign element; and
Whether any specialized jurisdictional rules apply.

Filing a lawsuit with the wrong court may result in the claim being transferred, returned or significantly delayed.

Documents Required for an Intellectual Property Lawsuit

The exact documents depend on the nature of the dispute. In general, an intellectual property litigation file should include the following.

Statement of Claim

The statement of claim should clearly identify:

The claimant, defendant and any persons with related rights and obligations;
The intellectual property right to be protected;
The alleged infringement or contractual breach;
The damage suffered and the basis for calculating that damage; and
The specific remedies requested from the Court.

The claims must be clearly formulated. Depending on the circumstances, the claimant may request the Court to order the defendant to cease the infringement, pay compensation, issue a public correction or apology, or dispose of infringing goods and materials.

Evidence of Intellectual Property Ownership

Depending on the protected subject matter, relevant documents may include:

Trademark Registration Certificates;
Patents for inventions or utility solutions;
Industrial Design Patents;
Copyright or related rights registration certificates;
Intellectual property assignment agreements;
Licence agreements;
Documents proving rights to a trade name or trade secret;
Employment or commissioning agreements;
Documents establishing authorship, inventorship or ownership; and
Documents proving lawful succession or transfer of rights.

Not every intellectual property right in Vietnam is established through registration. Copyright, trade name rights and trade secret rights may arise under different legal conditions from registered trademarks, patents and industrial designs.

Evidence of the Alleged Infringement

Evidence may include:

Samples of the infringing products;
Purchase invoices and receipts;
Photographs and videos;
Advertising materials;
Website and e-commerce platform content;
Bailiff’s reports recording online or offline infringements;
Market investigation reports;
Intellectual property assessment or expert opinions;
Inspection or enforcement records issued by competent authorities;
Cease-and-desist letters; and
Correspondence between the parties.

Electronic evidence must be collected and preserved carefully because online listings, advertisements and other digital content may be modified or deleted at any time.

Evidence of Damage

Where compensation is claimed, the claimant should provide evidence of actual loss, such as:

Reduced revenue or profits;
Profits earned by the infringer;
Lost business opportunities;
Reasonable costs incurred to prevent or remedy the infringement;
Reasonable legal fees;
Damage to reputation or goodwill; and
Relevant accounting and financial records.

Proving damages is often one of the most challenging aspects of intellectual property litigation. Businesses should therefore maintain complete financial and commercial records from the earliest stage of the dispute.

Corporate and Procedural Documents

Procedure for Filing an Intellectual Property Lawsuit in Vietnam

Intellectual property litigation is generally conducted under Vietnam’s civil procedure legislation.

Step 1: Assess the Case and Develop an Enforcement Strategy

Before filing a lawsuit, the rights holder should determine:

Whether the asserted intellectual property right exists and remains valid;
Whether the alleged conduct falls within the protected scope;
Whether the available evidence is sufficient;
Whether additional evidence, expert assessment or valuation is required;
Which person or entity should be named as the defendant;
Which remedies should be requested;
Whether administrative, criminal or customs enforcement should also be considered; and
Whether an interim urgent measure is necessary.

A strong litigation strategy should address not only whether an infringement occurred but also whether the resulting judgment can be effectively enforced.

Step 2: Prepare and Submit the Statement of Claim

The statement of claim and supporting documents may generally be submitted:

Directly to the competent Court;
By postal service; or
Through an authorized electronic filing system where available and applicable.

The claim should be filed with the correct court from the outset to avoid unnecessary procedural delays.

Step 3: Court Review of the Claim

After receiving the statement of claim, the Court will review:

Whether the claimant has standing;
Whether the claim falls within the Court’s jurisdiction;
Whether the statement of claim satisfies procedural requirements; and
Whether the supporting documents are complete.

The Court may request the claimant to amend or supplement the claim if the submission is incomplete or unclear.

Step 4: Payment of the Court-Fee Advance

Where an advance payment of court fees is required, the claimant must make the payment to the competent civil judgment enforcement authority.

The payment receipt must then be submitted to the Court within the prescribed period.

Step 5: Acceptance and Resolution of the Case

Once the case is formally accepted, the Court may:

Request the parties to submit further evidence;
Verify or collect evidence;
Order an expert assessment or asset valuation;
Hold a meeting for the submission, access and disclosure of evidence;
Conduct mediation; and
Bring the case to trial if no settlement is reached.

Can Interim Urgent Measures Be Requested?

Yes. In intellectual property cases, waiting until a final judgment is issued may allow the infringing goods to remain on the market, evidence to be destroyed or assets to be transferred.

Where the statutory requirements are satisfied, a party may request the Court to apply interim urgent measures such as:

Seizure;
Attachment;
Sealing;
Prohibition against changing the existing condition of property;
Prohibition against transferring ownership;
Prohibition or suspension of specified acts; or
An order requiring a party to perform a specified act.

The applicant may be required to provide financial security and may be liable for damage caused by an unjustified request.

A request for interim urgent measures should therefore be supported by clear evidence demonstrating an immediate risk of irreparable damage, continued infringement, destruction of evidence or disposal of infringing goods.

Is an Intellectual Property Expert Opinion Mandatory?

An intellectual property assessment or expert opinion is not mandatory in every court case.

Vietnamese courts assess all evidence presented in the proceedings and are not required to base their decision solely on an expert conclusion.

Nevertheless, an expert opinion may be particularly useful in technically complex cases or disputes involving an unclear scope of protection. It may assist the Court in determining:

Whether a sign is identical or confusingly similar to a protected trademark;
Whether a product incorporates the protected features of an industrial design;
Whether a technical solution falls within the scope of a patent claim;
Whether a copyrighted work has been reproduced; or
Whether an infringing element exists.

A party may obtain an expert opinion directly where permitted by law or request the Court to order an expert assessment during the proceedings.

The need for expert evidence should be evaluated on a case-by-case basis rather than treated as an automatic procedural requirement.

Limitation Periods for Intellectual Property Disputes

Vietnam’s Law on Intellectual Property does not establish a single limitation period applicable to every intellectual property dispute.

The relevant limitation period depends on the legal nature of the claim.

Common examples include:

Claims for compensation: generally three years from the date on which the claimant knew or should have known that its lawful rights and interests were infringed;
Commercial disputes: generally two years from the date on which lawful rights and interests were infringed, unless otherwise provided by specialized legislation;
Claims for the protection of ownership rights: certain claims may not be subject to a limitation period under the Civil Code; and
Contractual disputes: the applicable limitation period depends on the type of contract, the breach and the governing legislation.

Accordingly, the two-year or three-year period should not be applied mechanically to every intellectual property matter.

Even where a claim remains within the statutory limitation period, delay may result in lost evidence, increased damages and greater difficulty in stopping the infringement.

Who Has the Right to File an Intellectual Property Lawsuit?

Depending on the nature of the dispute, the following persons or entities may have standing to sue:

The intellectual property rights holder;
An author or co-author;
An inventor or industrial design creator;
A lawful assignee;
A licensee where the agreement or applicable law grants enforcement rights;
A collective copyright or related rights management organization acting within its authority;
A lawful heir or successor;
An organization or individual whose lawful rights and interests have been infringed; or
A lawful or authorized representative of any of the above.

Standing should be verified before filing. A person using intellectual property without ownership or legally transferred enforcement rights may not be entitled to request judicial protection.

Important Considerations Before Filing a Lawsuit

Verify the Validity and Scope of the Intellectual Property Right

For registered trademarks, patents and industrial designs, the claimant should confirm:

Whether the protection title remains valid;
Who the current registered owner is;
Whether the relevant products, goods or services fall within the protected scope;
Whether ownership changes have been properly recorded; and
Whether the registration is subject to a cancellation or invalidation action.

Preserve Evidence Before Sending a Warning Letter

Sending a cease-and-desist letter too early may alert the alleged infringer, allowing it to remove online content, relocate goods or alter its business practices.

Where appropriate, the rights holder should first purchase product samples, preserve online evidence, obtain a bailiff’s report or conduct a market investigation.

Identify the Correct Defendant and the Source of Infringement

Taking action only against individual retailers may not eliminate the underlying infringement.

The rights holder should investigate the roles of:

Manufacturers;
Importers;
Exporters;
Wholesalers;
Distributors;
E-commerce store operators;
Website owners; and
Other parties involved in the supply chain.

Clearly Define the Remedies Requested

Depending on the case, a claimant may request the Court to:

Order the cessation of the infringement;
Require a public apology or correction;
Award compensation for damages;
Order the destruction or non-commercial disposal of infringing goods;
Order the disposal of materials and equipment primarily used for the infringement; and
Apply other remedies permitted by law.

Avoid Public Accusations Without Sufficient Legal Grounds

Publicly accusing an individual or business of infringement before sufficient evidence has been obtained may expose the rights holder to counterclaims involving reputation, defamation, unfair competition or damages.

Enforcement should be firm but based on properly collected evidence and a clear legal assessment.

Is It Necessary to Engage an Intellectual Property Lawyer?

Vietnamese law does not require a party to retain a lawyer in every intellectual property lawsuit.

However, intellectual property litigation is highly specialized and often involves a combination of legal, technical, commercial and procedural issues.

An experienced intellectual property lawyer can assist with:

Assessing the validity and scope of protection;
Determining whether infringement has occurred;
Identifying the appropriate defendant;
Determining the competent Court;
Collecting and preserving evidence;
Coordinating expert assessment and valuation;
Calculating and substantiating damages;
Negotiating and mediating with the opposing party;
Representing the client in court proceedings;
Requesting interim urgent measures; and
Coordinating civil litigation with administrative, criminal or customs enforcement.

Early legal advice can help a business avoid filing with the wrong court, making unsupported claims or collecting evidence in a manner that reduces its evidentiary value.

How A.D.V.N Law Firm Assists with Intellectual Property Disputes

A.D.V.N Law Firm advises and represents Vietnamese and international clients in intellectual property disputes and enforcement proceedings in Vietnam.

Our services include:

Reviewing intellectual property portfolios and assessing potential claims;
Evaluating infringement and litigation prospects;
Investigating and preserving evidence;
Coordinating intellectual property assessments and asset valuations;
Drafting cease-and-desist letters and infringement notices;
Representing clients in negotiations and mediation;
Preparing statements of claim and supporting evidence;
Representing clients before Vietnamese courts;
Pursuing compensation for damages; and
Coordinating civil litigation with administrative, criminal and customs enforcement.

Through close cooperation between A.D.V.N’s dispute resolution lawyers and the industrial property representatives and intellectual property specialists of A Dong IP, clients receive coordinated support from the establishment and management of intellectual property rights through to infringement assessment, enforcement and court litigation.

Conclusion

Filing an intellectual property lawsuit involves considerably more than preparing a statement of claim. The outcome depends on correctly identifying the protected right, the alleged infringement, the appropriate defendant, the competent Court and the remedies supported by the available evidence.

Because intellectual property assets are intangible and their scope of protection may be technically complex, businesses should preserve evidence, review the validity of their rights and develop an enforcement strategy as soon as a dispute arises.

Early action can help minimize losses, prevent the infringement from expanding and improve the prospects of successfully protecting the rights holder’s lawful interests.

A.D.V.N Law Firm assists Vietnamese enterprises, foreign-invested companies and international intellectual property owners in assessing disputes, developing enforcement strategies and representing clients in intellectual property litigation in Vietnam.

This article provides general legal information only and does not constitute legal advice for any particular matter. Jurisdiction, limitation periods, required documents and enforcement strategies must be assessed based on the specific circumstances of each case.