Vietnam Patent Law: Litigation And Enforcement

STRUCTURAL AND PROCEDURAL FRAMEWORK

1. What is the forum for the conduct of patent litigation in Vietnam?

For patent litigation in Vietnam, depending on the negotiation between the relevant parties, it may be resolved by a competent court or arbitrator. In case the parties agreed to choose the arbitration, they could choose the arbitrators who have the experience specialist in patent or technical field. However, in case the litigation has been handled and resolved by the competent court. It will be hard to have a judge who has experience in the technical or patent field.

2. What is the typical timeline and form of first instance patent litigation proceedings in Vietnam?

The timeline for the first instance patent litigation proceeding in Vietnam will depend on the complication of each case. In Vietnam, patent litigation is often the complication case and will take more time to resolve. Normally it will take about 12 months or more for the first instance