Handling intellectual property infringement - promoting the role of specialized courts

Quang Việt |

In Official Dispatch No. 38/CD-TTg dated May 5, 2026, the Prime Minister requested to drastically direct functional forces to launch campaigns, focus resources, and immediately implement necessary measures to fight, prevent, and handle acts of intellectual property rights (IP) infringement nationwide from May 7, 2026 to May 30, 2026, strictly implement legal regulations and strictly handle violations in the spirit of no forbidden zones, no exceptions.

In which, the Supreme People's Procuracy and the Supreme People's Court (TAND) promoted the activities of prosecuting and adjudicating IP cases, ensuring strict and deterrent handling, in accordance with legal regulations; in which focusing on investigating, prosecuting, and adjudicating a number of typical cases.

Currently, two specialized IP Courts in Hanoi and Ho Chi Minh City, specializing in resolving disputes and acts infringing on IP rights, are officially operating (from July 1, 2025). From July 1, 2025 to date, the People's Court of Region 2 - Hanoi (specialized IP court in Hanoi) has received 42 lawsuits on IP, has accepted 21 cases, resolved 3 cases; returned 6 applications and transferred one application.

According to records from the Supreme People's Court system, from 2018-2025, there were 57 IP rights disputes, resolved and announced by the People's Courts of provinces and cities. It can be seen that most IP-related cases are brought to trial from the perspective of civil cases and IP rights disputes.

On March 5, the Department of Cyber Security and High-Tech Crime Prevention (A05, Ministry of Public Security) informed about the case of copyright infringement, related rights; Organizing gambling and Gambling on the Xoi Lac TV system. If brought to criminal trial, this is a typical case of copyright infringement, IP.

From a criminal science perspective, Senior Lieutenant Colonel - Dr. Dao Trung Hieu said that the current situation of IP infringement is very complicated, with an increasingly sophisticated, cross-border and high-tech trend. If previously, violations were mainly traditional counterfeit goods, copying trademarks or small-scale handicraft trading, now there have appeared "violation ecosystems" operating professionally in the digital environment.

Dr. Dao Trung Hieu said that the Prime Minister's Telegram on strengthening the handling of acts of infringement of IP rights is a very noteworthy signal in the context that the Vietnamese economy is strongly shifting to a growth model based on knowledge, technology and creativity.

Mr. Hieu said that the handling of IP infringement currently faces many difficulties in detecting and collecting evidence; Handling sanctions, although there are, but deterrence in practice is not really strong; Inter-sectoral coordination sometimes does not keep up with the pace of technological crime. Handling IP infringement today must be the story of the police, customs, tax, digital platforms, banking, telecommunications and international cooperation.

To prevent IP infringement, it is necessary to improve technological capacity in detecting and tracking violations. In the era of AI and big data, violations cannot be prevented by traditional manual methods. The State needs to promote digital monitoring tools, electronic transaction tracking, digital origin authentication and data coordination mechanisms between functional agencies.

In addition, it is necessary to improve the legal framework, supplement compensation mechanisms; effectively operate specialized IP Courts; expand independent appraisal mechanisms, end monopolies; apply digital technology, blockchain, AI to protect brands; raise community awareness in combating counterfeit goods.

Quang Việt
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