Enhancing the effectiveness of the Vietnamese judicial system in dealing with intellectual property rights cases toward the compliance with the TRIPS agreement

The question of the thesis is ‘How to enhance the effectiveness of the Vietnamese judiciary in dealing with intellectual property rights cases toward the compliance with requirements of the TRIPs Agreement?’. The critical themes in this thesis are how a developing country at the low level of development as in the case of Vietnam, with various distinctiveness in term of economy, society, culture, politics, or legality can enhance its judicial effectiveness in dealing with IP cases in order to fulfil its international obligations under TRIPs Agreement. Despite the importance of the issue, there has not been any research on the first integration of Vietnamese judiciary in line with international regulations on IPRs protection and enforcement applicable to all WTO member states. This thesis will also examine impacts of this international compliance for the Vietnamese judiciary in particular, and to this South East Asian country in general. After analysing the critical situation of IPRs infringements in Vietnam, which lie behind an impetus for change, the thesis will review the historical development of IPRs and main provisions of the TRIPs Agreement. Next, the thesis will examine the definition of judicial effectiveness in special reference to minimum standards as provided in the TRIPs Agreement. I will argue that judicial effectiveness in enforcing IPRs can not be improved to comply with the TRIPs Agreement unless judiciary’s capacity in preventing and deterring IP infringements, judicial organisation and knowledge, and other factors involving legal procedures are enhanced. In the light of above analysis, I will analyse the judicial organisation and legal knowledge in dealing with IP cases, and the adequacy of legislation concerning judicial measures for IPRs enforcement. I will also argue that any content of the reform of Vietnamese judiciary to comply with TRIPs Agreement must take into account, inter alia, the distinctiveness of Vietnamese judiciary, and other unique factors of this country in terms of its economy, society, politic and culture.