The Civil Procedure Code was passed on June 15, 2004, and came into force on January 1, 2005. It provides processes and procedures for the settlement of civil affairs and the enforcement of civil judgments.
More precisely, when it comes to intellectual property, articles 25-4, 29-2 and 34-1 of the Civil Procedure Code are of special interest. Firstly, article 25-4 provides that civil disputes concerning either intellectual property or technology transfer fall under the Courts’ jurisdiction.
Secondly, article 29-2 foresees that commercial disputes arising from business or trade over intellectual property or technology transfer also fall under the Courts’ jurisdiction.
Finally, the Civil Procedure Code provides that Vietnamese people’s courts of district have no jurisdiction concerning intellectual property or technology transfer. Article 34-1 foresees indeed that such cases shall be judged by Vietnamese people’s courts of provinces.
