A practical scenario: a Vietnamese exporter to the US is sued at the ITC (US International Trade Commission) for alleged patent infringement — the ITC issues an exclusion order: its goods can no longer enter the US. Its shock: “But we were never sued in court!” — in America, ITC Section 337 is the “border court”: blocking imports without federal litigation.
1. The US: a multi-layer IP enforcement system
The United States protects IP through: the USPTO (patent and trademark registration); the Copyright Office (copyright registration — gateway to statutory damages); and federal courts (infringement suits, damages — including enhanced damages in some cases). The special weapon is ITC Section 337: IP owners complain about infringing imports — the ITC investigates and may issue an exclusion order — faster than courts, striking goods at the border. Plus DMCA for digital content. Vietnamese exporters to the US must clear IP first — an ITC case means losing the market.
2. Vietnam: the 2022 IP Law and domestic enforcement
Vietnam follows the amended IP Law 2022 (07/2022/QH15, effective 1 January 2023) — enforced via inspection, market surveillance, administrative sanctions; civil suits for major cases. No ITC-style mechanism — infringing goods are handled through customs (suspension at rights holders’ request) and administrative measures. Fines and damages are far lower than US levels — but tightening.
3. An IP checklist for Vietnamese goods entering the US
- Register in the US: trademarks and patents (USPTO), copyrights (Copyright Office) — before selling.
- Freedom-to-operate (FTO): search US patents/marks — avoid ITC Section 337 cases.
- International filings: Madrid (marks), PCT (patents) — designating the US, cost-efficient.
- Contracts: non-infringement warranties + indemnities for IP suits — with suppliers and partners.
- Monitoring: watch competitors’ USPTO filings — oppose in time.
US IP: register first, clear first, sell later
This article is general information. Each IP asset needs its own strategy. FLAT Law Firm helps companies protect IP at home and abroad. Contact us for advice.
This article is general information only and does not replace legal advice for any specific case. Regulations may change; please check the current texts.
Frequently asked questions
1. What is ITC Section 337?
The US International Trade Commission procedure — investigating infringing imports, able to issue exclusion orders.
2. What is an exclusion order?
An ITC import ban — infringing goods cannot enter the US.
3. What is USPTO?
The United States Patent and Trademark Office — US patent and trademark registration.
4. What is FTO?
Freedom to operate — searching IP to avoid infringement before doing business.
5. Does Vietnamese registration protect in the US?
No — IP is territorial; register in the US or via international systems.
This article is pending review by the QA Council.
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