Intellectual Property Courts: China’s Experience and Implications for Vietnam

Abstract

This article examines the model of Intellectual Property Courts in China, with particular emphasis on the process of specialization and regionalization of the court system. Through this analysis, the paper identifies valuable lessons for Vietnam amidst the deep judicial reform, in line with Resolution No. 27-NQ/TW and Resolution No. 18-NQ/TW. The article argues that the model of intellectual property adjudication within regional people’s courts, aligned with the ongoing trend toward the elimination of intermediate adjudicatory levels, represents the most appropriate and feasible institutional option for Vietnam at the present stage. Lessons drawn from China demonstrate that a specialized intellectual property court system with clearly defined jurisdiction and a highly specialized judiciary constitutes a useful reference. The findings of this research contribute to the formulation of policies for organizing Vietnam’s Intellectual Property Court system in a manner consistent with the orientations of the Party and State.