Hanoi’s Regional Court and UNIFAB Collaborate to Enhance Intellectual Property Dispute Resolution

On October 21, the People's Court of Region 2 in Hanoi convened a significant exchange session with the French Association for the Protection of Intellectual Property and Combating Counterfeiting (UNIFAB), alongside experts from renowned brands including Chanel, Longchamp, L'Oréal, L'Occitane, and MF Brands. The meeting aimed to share experiences and best practices in managing intellectual property disputes.

UNIFAB, established in 1872, represents over 200 businesses and professional associations across various sectors. It is a globally influential organization that contributed to drafting the first Paris Convention on Industrial Property and actively promotes worldwide IP protection and anti-counterfeiting efforts.

The People's Court of Region 2 holds a unique position under Resolution No. 81/2025/UBTVQH15 of the Standing Committee of the National Assembly, being the sole regional court in northern Vietnam with specialized jurisdiction over civil and administrative intellectual property cases across 20 provinces and cities. This specialization centralizes judicial resources to ensure consistent and thorough adjudication of complex IP disputes.

During the dialogue, participants addressed key issues such as compensation for damages, legal fee reimbursement, and the persistent challenge of counterfeit goods in the market. Both sides explored avenues for future cooperation, including strategic training initiatives and mechanisms to expedite effective dispute resolution.

Deputy Chief Justice Dinh Thi Kieu My of the People's Court of Region 2 elaborated on Vietnam’s procedural law regarding compensation, emphasizing that compensation is based on actual damages. Plaintiffs must substantiate losses caused by infringement, including reduced revenue, profits, or brand value.

On legal fees, the court possesses full authority to order infringers to reimburse rightful owners for reasonable lawyer costs, contingent on the submission of complete and legitimate invoices and documentation.

Deputy Chief Justice Dinh also highlighted the emerging issue of counterfeit goods marketed as “dupes,” which imitate high-end products in design, color, or quality but are sold at lower prices. The court is carefully examining these cases from the perspectives of industrial design infringement and unfair competition.

Ms. Delphine Sarfati Sobreira, President of UNIFAB, praised Vietnam’s establishment of a specialized IP court as a positive development and a potential model for other countries. She noted that specialized courts accelerate case processing and yield more focused outcomes in combating IP infringement and counterfeiting.

Mr. Régis Messali, Vice President of UNIFAB, discussed the ongoing IPP project in Europe, where countries share information to prevent IP infringement, counterfeiting, and piracy. He regarded this as an effective channel for resolving IP disputes and expressed hope for sustained collaboration with Vietnamese courts.

To deepen cooperation, both parties agreed to establish a dedicated contact point to provide technical manuals and updated documents on security features distinguishing genuine products from counterfeits. UNIFAB will also coordinate with relevant agencies to design advanced training programs based on successful IP case precedents from French and European courts.

This collaborative initiative marks a significant step in enhancing Vietnam’s judicial capacity to address intellectual property challenges, reinforcing the country’s commitment to protecting IP rights and combating counterfeit goods effectively.