Cross-border enforcement of intellectual property rights in cyberspace and some difficulties in establishing Vietnamese courts’ international jurisdiction

Abstract

The Fourth Industrial Revolution has had significant impacts on our society and economy at all levels. At the same time, technological development leads to numerous complicated cross-border intellectual property infringement acts, especially cross-border intellectual property infringements in cyberspace. To prevent and address intellectual property infringement, the owners of intellectual property rights can initiate civil litigation at national courts. However, they will face a number of difficulties in utilising civil litigation in Vietnam to enforce their rights, such as the limitations of Vietnam’s laws on the international jurisdiction of Vietnamese courts in settling intellectual property infringement disputes on the internet. This paper presents these limitations in Vietnam’s laws on international jurisdiction and suggests some remedies to increase the effectiveness of civil litigation as a measure to enforce intellectual property rights in cyberspace.