The role of intellectual property expert opinions in resolving intellectual property infringement

1. The connection between expert opinions and resolving intellectual property infringement 

The legal framework for intellectual property in Vietnam, especially the Law on Intellectual Property, clearly stipulates the role of IP expert assessment in determining infringement acts. An expert opinion issued by VIPRI is a crucial, highly specialized piece of evidence that provides a basis for agencies such as Courts, Police, Customs, etc., to assess the degree of similarity, likelihood of confusion, or other factors related to the infringement act. 

Particularly in complex cases involving intellectual property rights such as inventions, industrial designs, trademarks, or copyrights, the expert opinion plays a pivotal role in clarifying specialized elements that disputing parties or competent authorities often find difficult to assess themselves. For instance, for inventions, determining novelty, inventive step, or industrial applicability requires in-depth knowledge of technology, engineering, and existing similar technical solutions. For trademarks, it’s necessary to clarify the distinctiveness, likelihood of confusion in terms of name, image, color, or structure between the alleged infringing mark and the registered mark, especially when the parties operate in the same field of goods or services. However, in practice, prosecuting agencies and other competent authorities often face many difficulties in independently assessing these technical and legal issues because intellectual property knowledge is highly specialized, requiring deep interdisciplinary understanding and extensive practical experience. Determining the scope of protection, assessing similarity, or the extent of copying relies not only on pure legal judgment but also on the application of technical, artistic, technological knowledge, and international practices. 

Therefore, integrating expert opinions from VIPRI into the dispute resolution process not only enhances the accuracy and objectivity of decisions but also helps to accelerate the case handling progress. Instead of spending significant time collecting and evaluating complex evidence, competent authorities can rely on expert opinions to make appropriate judgments or impose sanctions, thereby improving the effectiveness of IP law enforcement. 

2. Legal value of expert opinions from the Intellectual Property Research Institute 

A written expert opinion issued by VIPRI is considered a significant source of evidence, widely recognized by Vietnamese law. Specifically, according to Article 94 of the Civil Procedure Code 2015, an expert opinion is one of the ten sources of evidence that prosecuting agencies can use throughout the litigation process. Similarly, Article 201.5 of the Law on Intellectual Property 2022 also affirms that an expert opinion is one of the evidentiary bases for competent authorities to consider when resolving IP-related cases. Therefore, the expert opinion plays a crucial role as highly specialized evidence that law enforcement agencies will meticulously consider resolving and handling intellectual property infringement during legal proceedings. 

However, it should be noted that despite being an important source of evidence, law enforcement agencies are not completely legally bound by an expert opinion because the expert opinion is not always considered a legitimate source of evidence for resolving a case. Article 108 of the Civil Procedure Code 2015 stipulates that when evaluating a source of evidence, the Court must base its assessment on the objectivity, relevance, and legality of the evidence. Therefore, if an expert opinion does not meet these criteria, the prosecuting agency cannot use it to resolve the dispute. 

Despite not being absolutely binding, a VIPRI expert opinion can significantly influence the initial view of law enforcement agencies regarding a case. It is often considered an important reference, potentially even guiding or reinforcing the opinions of experts, individuals, or organizations that law enforcement agencies consult. It helps shape an initial understanding, thereby making the process of collecting and evaluating other evidence more focused and effective. 

3. Introducing Apolat Legal’s industrial property expert opinion services 

In an increasingly complex landscape of industrial property disputes, accurately identifying infringement acts is a crucial factor in protecting the legitimate rights and interests of businesses. At Apolat Legal, we provide professional industrial property expert opinion services, helping clients obtain sound scientific and legal conclusions that serve as a basis for subsequent handling steps. Apolat Legal’s industrial property expert opinion process includes: 

• Preparing the expert opinion request and necessary documents. 

• Submitting the expert opinion request dossier to the Intellectual Property Research Institute (VIPRI). 

• Closely monitoring the evaluation process and responses. 

• Regularly reporting progress and results to clients. 

Throughout the consulting process, Apolat Legal will always accompany and advise clients on issues that arise during the industrial property assessment. Protecting and enhancing client interests is always Apolat Legal’s primary goal and mission. 

If you have any questions or need further legal assistance, please contact Apolat Legal via:

Phone: 0911 357 447
Email: info@apolatlegal.com
Website: apolatlegal.com

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