Description

When pursuing an IP enforcement case in Vietnam, counsel will often inform rights holders about the need to obtain a VIPRI opinion as a first step. VIPRI (Vietnam Intellectual Property Research Institute), a quasi-governmental organisation, is the only agency in Vietnam authorised to provide expert opinions (statutorily known as assessment conclusions) on IP infringement.

Rights holders in an infringement action may ask VIPRI to issue an official but non-binding opinion on whether an IP right (patent, industrial design, or trade mark) is infringed. A favourable VIPRI opinion, finding that a product or service infringes an IP right, can then be submitted to an enforcement agency, such as the Inspectorate of the Ministry of Science and Technology, the Market Surveillance Department, or customs. Based on the non-binding opinion, the enforcement agency can consider whether to proceed with enforcing the IP rights of the complainant, such as by proceeding with an administrative raid and the issuing of sanctions. Courts can also rule on IP cases, and a VIPRI opinion can be very persuasive evidence for the court to rule in the rights holder’s favour.