Webinar with the Supreme People's Court of Vietnam on Intellectual Property


On 30 May Monday 2022, the Court of cassation and the Supreme People's Court of Vietnam co-organized, with the support of the French Embassy in Hanoi, a technical webinar dedicated to intellectual property, in the presence of representatives of the Supreme Court and Vietnamese lower courts, members of the Ministry of Justice of Vietnam and the Vietnamese Lawyers Federation.

As a follow-up to the webinar on juvenile justice held on October 2021, this exchange is part of the cooperation program decided by First President Chantal Arens and Mr. Nguyen Van Du, Deputy Chief Justice of the Supreme People's Court, during their meeting in April 2021, in order to foster dialogue and mutual learning between the two high courts. 

On this occasion, the Department of Legal Affairs and Research of the Supreme People's Court gave an overview of Vietnam's current intellectual property legislation and mentioned the ongoing reform projects as well as the main issues faced by Vietnamese judges in the application of intellectual property law, especially in terms of assessing compensation and determining the competent jurisdiction in cases of online infringement.

 Following this first presentation, Ms. Stéphanie Robin-Raschel, judge referee at the First Civil Chamber, presented the legal framework of intellectual property in force in France as well as the national and European jurisdictions competent in this matter. Ms. Robin-Raschel then discussed the infringements of intellectual property rights, specifying the elements of infringement, the proof of infringements and their compensation.

Based on these presentations, the representatives of the two courts had the opportunity to exchange on the practice of judges in the processing of cases of infringement of intellectual property rights, including in the digital sphere, and on the evaluation of the compensation of the damage suffered.

The Vietnamese participants expressed a strong interest in the case law developed by the French courts on the subject and on the criminal litigation of counterfeiting, a reform project on the subject being in progress in Vietnam.

Following these rich discussions, a new exchange could be organized on another topic of common interest for the two courts, possibly in person in Hanoi.



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