IP expert examination — when you need it and what it is for
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An expert conclusion on infringement carries real weight in an enforcement file. Who may examine, what is examined, and what it costs.
Intellectual property examination is the use of specialised knowledge and skill to assess and conclude on questions related to IP rights. In an infringement case, an expert conclusion on infringement is weighty evidence — it gives the authority or court a technical basis to decide rather than guess.
What gets examined
Common subjects include:
- Infringement — whether the suspected object is identical or confusingly similar to your right.
- Scope of protection — how far your right extends and whether the suspected object falls within it.
- The value of loss — in civil cases, to fix compensation.
- Technical questions about patents, designs and marks.
Who may examine
Not everyone can produce an expert conclusion with evidentiary value. Distinguish:
- IP examination organisations recognised by the state as qualified to operate.
- IP examiners — individuals holding an examiner's card, with the requisite expertise and recognition.
When you need a formal conclusion, choose an organisation or examiner from the published register, not a casual "expert opinion" — the two have very different legal weight.
When to commission one
Examination is not needed for every matter. Consider it when:
- The infringement is not self-evident — e.g. a mark that is confusingly similar rather than identical, or a suspected technical equivalent of a patent.
- You are preparing a civil suit and need to quantify loss.
- The handling authority requires an expert conclusion before deciding.
For blatant infringement with clear evidence, examination may be unnecessary — weigh its cost against the value of the matter.
Process and cost
You send a request to the examination organisation, supply the subject matter and related documents, and it returns a conclusion within an agreed period. The fee is agreed with the organisation and usually advanced by the requesting party — the specific figure depends on the subject and scope, so ask the organisation directly rather than guess.
Examination within the whole
An expert conclusion is one piece, not a ruling. It strengthens an administrative penalty file, a lawsuit, or a request to suspend customs procedures — see the four enforcement routes and requests to handle infringement.
Cited documents
- Consolidated document 67/VBHN-VPQH — Law on Intellectual Property — In force
- Decree 131/2013/ND-CP on administrative penalties for copyright and related rights violations — Partly in force