You can sue for intellectual property infringement in a Vietnamese court and ask for the infringement to stop, for compensation for your losses, for reasonable lawyer costs and for a public correction; the court can also order urgent interim measures such as seizing goods before the trial. The price of these stronger remedies is time and paperwork: you must prove that you own the right, that the defendant infringed it and, for damages, how much you lost.
This guide explains how an IP lawsuit is structured, which court is likely to hear it after the 2025 court reorganisation, what evidence carries weight, and how damages are assessed. It does not cover every procedural step of civil litigation, which our guide to suing a company in Vietnam describes in general terms. Fees, deadlines and the exact court with jurisdiction should be checked with the court or a licensed lawyer when you act.
When a lawsuit is worth considering
Most trademark problems in Vietnam are handled through administrative enforcement, so a lawsuit is usually a deliberate choice. It makes sense when you want something administrative action cannot give: compensation, a binding court order, recovery of your legal costs, or a judgment that settles a disputed question of rights. It is also the natural forum when the infringer is a competitor operating openly, a former licensee who kept using your brand after the licence ended, or a company copying a patented product.
A lawsuit can also change behaviour across a market. A published judgment awarding damages against a known infringer sends a message that an administrative fine rarely does. Some brand owners use a single well-chosen case as part of a wider enforcement programme, combining it with administrative actions against smaller sellers.
The trade-offs are real. A civil case in Vietnam is conducted in Vietnamese, relies heavily on documentary evidence, can pass through first instance and appeal, and may take a long time. You pay advance court fees and your own costs along the way, and recovering them depends on winning and on the defendant having assets. Weigh the expected benefit against those costs before you file, and consider whether a negotiated settlement backed by the credible threat of a claim could achieve most of what you need.
Which court hears IP cases after the 2025 reform
Intellectual property disputes have long been treated as more specialised than ordinary civil cases, and they were historically heard at a higher level of court than many other disputes. The 2025 reform replaced the old district-level courts with regional people's courts and reorganised provincial courts, and it also concentrated certain specialised matters, including intellectual property, in designated courts. The aim was to build expertise, but it means that the court that hears your IP case may not be the one closest to the defendant.
Because the allocation of IP cases is new and may still be refined, confirm jurisdiction before filing. Your lawyer will look at the type of right, whether the dispute has a foreign element, where the defendant is based and how the current rules allocate IP cases. Filing in the wrong court costs time, since the court will return the claim or transfer it.
If your contract with the defendant contains a valid arbitration clause, for example in a licence or distribution agreement, a dispute arising from that contract may need to go to arbitration instead. Infringement by a party with no contract with you will normally be a matter for the courts.
Evidence the court will expect
In Vietnamese civil procedure, the party making a claim must prove it. For IP cases that means three things: your right, the infringement and the loss. A strong file usually contains:
- Certificates proving your right, such as a trademark, patent or industrial design registration, or for copyright the registration certificate or other proof of authorship and ownership.
- Documents showing the chain of title if the right was assigned or licensed, including recorded licence or assignment agreements where recording is required.
- Samples of infringing goods with proof of purchase, bailiff records of online infringement, and any inspection records or administrative decisions from earlier enforcement.
- An expert assessment from a licensed IP assessment organisation on similarity, scope of protection or technical features, which is common in patent and lookalike cases.
- Evidence of loss: drops in sales, lost licence income, damage to reputation, and the infringer's sales or profits if they can be obtained.
- Invoices and contracts showing the lawyer fees and other reasonable costs you incurred, if you will claim them.
- Certified Vietnamese translations of every foreign-language document, and legalisation of foreign documents where required.
Collect evidence before the defendant knows a claim is coming. Once a lawsuit is filed, goods and records can disappear, which is why urgent measures, described below, are so valuable.
Urgent measures before and during the case
What they are. Vietnamese courts can order provisional urgent measures to protect evidence or prevent ongoing harm, such as seizing or sealing suspected goods, prohibiting changes to the status of assets, or ordering the defendant to stop certain acts while the case is pending.
When you can ask. They can be requested together with the claim and, in urgent cases, at the same time as filing, when there is a risk that evidence will be destroyed or that harm will become irreparable.
Security from the applicant. The court may require you to provide security, such as a deposit, to cover possible losses for the defendant if the measure turns out to be unjustified. Budget for this from the start.
Liability for wrongful measures. If you obtain a measure that later proves unfounded and it causes loss, you can be held liable for that loss. Ask for measures that match the evidence you actually hold.
Practical value. In counterfeit and copying cases, an early seizure often decides the outcome, because it preserves the evidence of scale and puts real pressure on the defendant to settle.
How damages are assessed in IP cases
Damages in Vietnamese IP cases aim to compensate actual loss. The court looks at material loss, such as lost profits or lost licence income, and in some cases spiritual damage such as harm to reputation. When loss cannot be calculated precisely, the law offers alternatives.
| Basis | How it works | Practical note |
|---|---|---|
| Actual loss proved | Lost sales or profits, reduced prices, lost licence income | Needs accounting evidence; often hard to link directly to the infringement |
| Infringer's profits | Profit the infringer made from the infringement | Useful when the infringer's records can be obtained through the court |
| Reasonable licence fee | What a licence for the same use would have cost | Comparable licence agreements help support the figure |
| Damages set by the court | An amount fixed by the court within a statutory ceiling when loss cannot be calculated | A fallback, not a punishment; check the current ceiling with your lawyer |
| Reasonable costs | Lawyer fees and similar costs incurred to protect the right | Claim them expressly and keep invoices |
Expect the court to examine every figure. Inflated claims damage credibility. A realistic, well-documented claim is more likely to be awarded in full than an ambitious one supported by estimates.
Defences you should expect from the other side
A defendant with competent counsel will rarely simply deny the facts. Prepare for the arguments that commonly appear in Vietnamese IP cases, because each of them can be answered more easily if you plan for it before filing.
- Challenge to your right. The defendant may ask the IP Office to invalidate or cancel your registration, for example for bad faith or non-use, and then ask the court to suspend the case until that is decided.
- Prior use. For patents and industrial designs, a person who was already using or seriously preparing to use the solution before your filing date may have a limited right to continue.
- Exhaustion and parallel imports. For genuine goods put on the market by you or with your consent, the defendant may argue your rights are exhausted.
- No likelihood of confusion. For lookalike marks, expect a detailed argument that consumers are not confused, often supported by its own expert opinion.
- Limitation and procedure. The defendant may argue that the claim is out of time, filed in the wrong court or brought by the wrong party in a group of companies.
- Disputed damages. Even if infringement is found, the amount claimed is often attacked as speculative or unrelated to the infringement.
None of these defences is unusual, and none should surprise you. A lawyer who has mapped them in advance will gather the evidence that answers them before the case begins, rather than scrambling after the defence is filed.
Settlement and mediation during the case
Vietnamese civil procedure builds in a conciliation stage before the first-instance hearing, where the judge invites the parties to settle. Many IP disputes do settle, often on terms that a court could not order: a phased sell-off of remaining stock, a rebranding timetable, a licence going forward, or a payment combined with an undertaking. A settlement recorded by the court can be enforced like a judgment, which gives it real weight.
Settlement can also happen outside the courtroom at any time, through direct negotiation between lawyers or with a commercial mediator. Before agreeing, make sure the terms cover the details that matter in practice: what happens to stock, packaging and online listings, how compliance will be checked, and what happens if the undertaking is broken. Vague promises to stop using a brand are hard to enforce later.
Keep the business goal in view. A settlement that stops the infringement quickly and recovers part of your costs can be worth more than a full judgment two years later against a company that may no longer have assets.
When you need a Vietnamese lawyer
An IP lawsuit in Vietnam is not something a foreign company should run without a licensed Vietnamese lawyer. Only a lawyer admitted in Vietnam can represent you as counsel in court, and the combination of procedure, evidence rules and specialised IP law makes professional handling essential. Choose someone with actual IP litigation experience, not only filing experience; the skills are different.
Bring the lawyer in before you send any warning that might alert the defendant, so urgent measures and evidence collection can be planned. Discuss strategy openly: what you want to achieve, what a realistic settlement looks like, how much the case may cost in total, and how long it may take through appeal. If you need an initial view on whether a claim is worth pursuing, you can ask a lawyer on AI Co Van (aicovan.com) before committing to a full engagement.
Be realistic about enforcement after judgment. A damages award is worth what can be collected. Ask your lawyer to look at the defendant's assets early, and to plan how the judgment will be enforced through the civil judgment enforcement system if the defendant does not pay voluntarily.
Frequently asked questions
Can I claim lawyer fees in an IP lawsuit in Vietnam?
Yes. The IP Law allows a successful right holder to claim reasonable costs of hiring a lawyer. You must claim them expressly and prove them with contracts and invoices, and the court decides what is reasonable.
Do I have to prove exactly how much I lost?
You must prove loss as far as possible. Where it cannot be calculated precisely, the court can use alternatives such as the infringer's profits, a reasonable licence fee, or an amount it sets within a statutory ceiling. Check the current ceiling with your lawyer.
Which court will hear my case?
After the 2025 reform, certain specialised matters including intellectual property were concentrated in designated courts. The right court depends on the type of right, foreign elements and the current allocation rules, so confirm jurisdiction with a licensed lawyer before filing.
Can I stop the infringement before the trial ends?
You can ask the court for provisional urgent measures, such as seizing goods or prohibiting certain acts, together with the claim. The court may require you to provide security and you may be liable if the measure proves unjustified.
Should I take administrative action first or sue directly?
It depends on your goals. Administrative action removes goods quickly but pays no compensation. Some right holders use it first and rely on the resulting decision as evidence in a later lawsuit. A lawyer can advise which order suits your case.
Is the hearing conducted in English?
No. Court proceedings in Vietnam are conducted in Vietnamese. Foreign participants can use an interpreter, and all foreign-language evidence needs certified Vietnamese translation, which takes time and should be planned early.