Intellectual Property Rights in Vietnam

Intellectual property (IP) is a major concern for all businesses, regardless of their location. While Vietnam is a party to various IP conventions, there are still many reasons for foreign enterprises operating in the country to keep a vigilant look out for IP infringement. As a result, it is essential that international investors have a thorough understanding of how IP operates in Vietnam and what options they have if their property is infringed.

Vietnam’s Intellectual Property Background

The Law on Intellectual Property Rights (IPRs) was passed by the National Assembly of Vietnam in 2005, and it was then amended and supplemented in 2009.

After signing the Bilateral Trade Agreement (BTA) with the United States and joining the World Trade Organization (WTO), Vietnam’s government issued stringent administrative sanctions for infringements of industrial property rights in September 2010, along with some significant changes to IP legislation in Vietnam.

Besides domestic IP legislation, Vietnam is a signatory to international IP treaties including the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the World Intellectual Property Organization, the Patent Cooperation Treaty, the Madrid Protocol, and the recently signed Hague Convention.

Understanding Intellectual Property in Vietnam

IP is defined as “creations of the intellect, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce,” according to the World Intellectual Property Organization (WIPO).

IP is divided into two categories: registered and unregistered. You must apply to an official IP agency, such as the Intellectual Property Office, to have your rights recognized for registered IP. Patents and registered trademarks are examples of registered intellectual property. You automatically acquire IP rights over your invention if the IP is unregistered. Copyright, common law trademarks and database rights, confidential information, and trade secrets are examples of unregistered IP.

Due to Vietnam’s membership in the World Trade Organization (WTO) in 2007, the nation has been required to satisfy the WTO’s minimal IP standards, which has resulted in IP in Vietnam resembling those of more developed countries. As a result, Vietnam’s IP system is classified into three categories:

• Copyright and related rights – administered by the Copyright Office of Vietnam;
• Industrial property rights – administered by the National Office of Intellectual Property (NOIP); and
• Rights to plant varieties – administered by the Plant Variety Protection Office.

The NOIP serves as the principal coordinator and is the organization that, under the authority of the Ministry of Science and Technology, is responsible for state administration and provision of IP services. This involves registering industrial designs, trademarks, brand names, and other intellectual property rights, as well as completing fundamental legal assessments to resolve intellectual property disputes.

Before getting into the details of each category of IP, it’s worth noting that the Paris Convention’s “priority rights” can aid with local patent, design, and trademark registration by allowing rights previously registered abroad to become effective in Vietnam. This, however, must be accomplished within the time frame specified.

Copyright

The National Copyright Office is in charge of copyright registration. Copyright IP also refers to non computer programs. The Berne Convention on Copyright governs copyright IP in Vietnam, which specifies that the minimal protection from publication is:

• 75 years for cinematographic works, photographic works, dramatic works, works of applied art and anonymous works; and
• 50 years after the death of the author for other works

While there is no need for copyright registration in Vietnam, most ip experts advise that copyrights should be registered with the country’s copyright authority.

Patents

The “first to file” principle regulates patent law in Vietnam. Patents and utility solution patents are differentiated in the country:

• Invention patents have maximum protection of 20 years;
• Utility patents have maximum protection of 10 years; and
• Industrial designs have maximum protection of five years (however, this is renewable for two consecutive periods of five years).

Individual patent registrations (for industrial designs and inventions, for example) are required in Vietnam. The Patent Cooperation Treaty, on the contrary, may cover patent applications for objects apart from industrial designs.

Trademarks

Symbols, three-dimensional objects, colors, and other visual elements used to identify a business’s products or services are protected under the Vietnamese trademark system. Instead of being legally registered, trade name rights are established via use. With regards to online domains, these are addressed on a first-come, first-served basis.

• Trademarks last for 10 years and can be renewed indefinitely for further ten-year periods; and
• Registration can take up to 15 months to complete.

The Madrid Protocol can be used to register trademarks in Vietnam.

Enforcement of intellectual property rights

There are three options available to companies wanting to enforce their intellectual property rights in Vietnam:

• Administrative action;
• Civil court action; and
• Criminal prosecution.

Administrative action is used to settle the majority of IP disputes. The issue of warnings, sanctions, the seizure or destruction of counterfeit goods are all possible steps that the relevant government authorities may conduct.

Government agencies in Vietnam, on the contrary, have struggled to keep up with legislative amendments. As a result, one of the most effective strategy to cope with IP issues in Vietnam is to build a strong defensive so that offensive action is only necessary on exceptional cases.

IP rights will become an even more essential aspect in how businesses evaluate the market environment in Vietnam as the country’s economy and technology advance, thanks in part to its free trade agreements. Thankfully, Vietnam is motivated to strengthen and improve its intellectual property laws in order to help it advance further in the global economy.

You could visit here to see Procedure of Vietnam Trademark Registration.

You could visit here to check the required documents for filing trademark in Vietnam

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