INTRODUCTION


The Vietnam Intellectual Property Research Institute (VIPRI) is an unique governmental agency which provides expertise services (or assessment or appraisement services) for supporting intellectual property dispute and infringement settlement at the requests of enforcement authorities, organizations, enterprises and individuals from Vietnam and abroad, including expert witness service before the courts.
These services are provided for in Article 201 of the Intellectual Property Law of Vietnam (as promulgated in 2005 and amended in 2009), Sections 39-53 of the Government Decree No. 105/2006/ND-CP (as promulgated in 2006 and amended in 2010), and other regulations and guidances.
According to the above-mentioned provisions, the intellectual property expertise services provided by the VIPRI cover the following issues:
(i) Determination of scope of protection (or claim interpretation and construction) of the protected subject matter;
(ii) Determination of identicalness or similarity between the protected subject matter and the infringement accused object in order to determine whether the object to be the infringing element (or intellectual property infringement analysis);
(iii) Determination of intellectual property right value and compensatory damages.
The VIPRI’s conclusions of written intellectual property expertise are recognized by laws and regulations as a source of evidence (expert evidence) for handling of the case in administrative, civil and criminal procedures as well as for settlement of dispute and/or infringement cases between interested parties.