In the context of an increasingly developing knowledge-based economy, intellectual property rights play an important role in protecting creative achievements, fostering innovation, and promoting fair competition. However, along with the development, disputes related to intellectual property have significantly increased, requiring the legal system to establish clear and effective dispute resolution mechanisms. The following article aims to clarify the current legal regulations on initiating lawsuits related to intellectual property disputes, including eligible claimants, statutes of limitations, jurisdiction, and other related issues.

I. Current situation of initiating lawsuits related to intellectual property disputes

At present, lawsuits related to intellectual property disputes are becoming increasingly common and complex, particularly in the context of international economic integration and strong technological advancement. Such disputes mainly arise in areas including copyright, trademarks, inventions, and industrial designs. Many enterprises and individuals still lack sufficient awareness of intellectual property rights, leading to infringing acts such as unauthorized copying or use without the consent of the rightful owners.

In addition, the legal framework and enforcement mechanisms in certain localities remain inadequate, resulting in prolonged and inefficient litigation and dispute resolution processes. Such situations highlight the urgent need to strengthen legal dissemination, raise public awareness, and improve the legal framework to ensure more effective protection of intellectual property rights.

II. Regulations on initiating lawsuits related to intellectual property disputes

1. What constitutes initiating a lawsuit related to an intellectual property dispute?

Initiating a lawsuit refers to an act whereby an individual or organization submits a formal petition to a competent court to request the resolution of a civil, administrative, commercial, or labor dispute.

Intellectual property (rights) means the lawful rights of individuals or organizations over their intellectual creations, which are protected by law.

Thus, Initiating a lawsuit related to an intellectual property dispute is an act whereby an individual or organization submits a petition to a court or competent authority to resolve disputes arising in the process of exercising, using, or protecting intellectual property rights. These disputes typically involve copyright, inventions, trademarks, industrial designs, trade names, trade secrets, or related rights.

2. Who is entitled to initiate a lawsuit related to an intellectual property dispute?

Pursuant to Article 4 of the Civil Procedure Code 2015, the following entities are entitled to initiate lawsuits concerning intellectual property disputes:

  • Individuals or organizations whose lawful rights and interests are infringed, such as authors, owners (for intellectual property rights), transferees, or licensed users;
  • Lawful representatives or authorized persons acting on behalf of owners;
  • Competent agencies or organizations authorized by law to initiate lawsuits to protect public interests or the lawful interests of others.

3. Jurisdiction over lawsuits related to intellectual property disputes

Jurisdiction over lawsuits related to intellectual property disputes is stipulated in Clause 4, Article 26 of the Civil Procedure Code 2015. Accordingly, disputes over intellectual property rights and technology transfer are classified as civil disputes falling under the jurisdiction of the People’s Courts.

The allocation of jurisdiction between regional People’s Courts and provincial-level People’s Courts is governed by Articles 35 and 37 of the Civil Procedure Code 2015, as amended and supplemented in 2025. Specifically:

  • Regional People’s Courts have first-instance jurisdiction over ordinary civil disputes concerning intellectual property rights that do not involve foreign elements, are not complex, and do not require international judicial assistance;
  • Provincial-level People’s Courts have first-instance jurisdiction over cases involving foreign parties or assets, or cases requiring judicial assistance abroad.

According to Article 39 of the Civil Procedure Code, a Court’s territorial jurisdiction over civil cases concerning intellectual property disputes is primarily determined based on the place of residence or workplace of the defendant (if an individual), or the location of the defendant’s headquarters (if an organization). However, the law also allows that:

  • The parties may agree in writing to select a Court at the place where the plaintiff resides, works, or has its headquarters;
  • In certain cases, the plaintiff may choose the Court at the place where the infringement occurred or where the damage arose, in order to facilitate evidence collection and protect legitimate rights and interests.

III. Questions regarding lawsuits related to intellectual property disputes

1. Reasons for lawsuits related to intellectual property disputes

The causes of lawsuits related to intellectual property disputes typically arise from conflicts in the establishment, enforcement, or transfer of intellectual property rights. Common causes include:

  • Infringement of intellectual property rights: It is the most common cause. Acts such as copying works, unauthorized use of trademarks, inventions, or industrial designs without the consent of the owners;
  • Ownership disputes: When multiple individuals or organizations claim ownership over the same intellectual property subject matter (e.g., joint creation of a work or registration of identical or confusingly similar trademarks);
  • Breach of assignment or licensing agreements: Where parties to contracts involving the assignment or licensing of intellectual property rights violate contractual obligations (such as non-payment or use beyond the permitted scope), the injured party may request court intervention;
  • Exploitation of legal mistakes or registration gaps: In some cases, individuals or organizations intentionally register intellectual property that does not belong to them (e.g., misappropriating widely used but unregistered trademarks), resulting in disputes and litigation;
  • Lack of legal awareness: Many enterprises and individuals do not fully understand intellectual property law, leading to inadvertent infringement or failure to comply with protection procedures, thereby arising disputes;
  • Unfair competition: In highly competitive markets, certain enterprises engage in intellectual property infringement to gain their market advantage.

These causes demonstrate the importance of enhancing legal awareness and knowledge of intellectual property within the community, as well as establishing an effective and transparent intellectual property protection system.

2. Statute of limitations for initiating lawsuits related to intellectual property disputes

The statute of limitations for initiating lawsuits related to intellectual property disputes is determined in accordance with the general provisions of Article 429 of the Civil Code 2015.

Accordingly, the statute of limitations for initiating civil disputes, including intellectual property disputes, is three (03) years from the date on which the claimant knows or should have known that their lawful rights and interests were infringed.

3. Main considerations when initiating lawsuits related to intellectual property disputes

Main considerations when initiating lawsuits related to intellectual property disputes include:

  • Proper determination of the eligible claimant: The claimant must be the lawful holder of the intellectual property rights being infringed, such as the author, owner, transferee, or licensed user. Proper identification helps ensure that the Court accepts the case in accordance with the law and avoids rejection of the claim;
  • Comprehensive evidence collection: Intellectual property litigation is unlikely to succeed without sufficient evidence. Claimants must prepare documents proving lawful ownership of intellectual property rights and gather evidence of infringement and resulting damages (if any). Accordingly, important documents include protection certificates, assignment agreements, copies of works, infringing images, and invoices evidencing damages;
  • Ensuring registration of protectable subject matter: Certain intellectual property rights, such as trademarks, inventions, and industrial designs, are protected by law only after registration and issuance of protection certificates. If not registered, lawsuits may not be accepted, except in special cases such as copyright, which is protected without mandatory registration;
  • Correct determination of competent Courts: Claimants must correctly identify the competent authority to resolve the disputes. If the case does not involve foreign elements and its legal value is small, jurisdiction belongs to the district-level People’s Court where the defendant resides. For complex disputes involving foreign elements or substantial compensation claims, jurisdiction is under the provincial-level People’s Court.

IV. Legal advisory services on initiating lawsuits related to intellectual property disputes

The above is NPLaw’s article on initiating lawsuits related to intellectual property disputes. With a team of experienced lawyers and legal consultants, NPLaw is always willing to accompany, advise, and support clients in legal matters related to intellectual property litigation. Should you require legal assistance, please contact NPLaw using the following details: