Hanoi, Vietnam – In recent years, Vietnam has made significant changes to its intellectual property (IP) regulations to align with international standards and fulfill its commitments under various free trade agreements such as the CPTPP, EVFTA, and RCEP. The most notable development is the amendment of the Law on Intellectual Property (IP Law), officially enacted under Law No. 07/2022/QH15, which took effect on January 1, 2023.
Key Highlights of the New Regulations:
1. Recognition of Sound Marks
For the first time, Vietnam now recognizes sound marks as a type of protectable trademark. This change brings Vietnamese IP law in line with international practices under the TRIPS Agreement.
2. Stronger Protection for Pharmaceutical and Agricultural Data
The revised law introduces new provisions to protect undisclosed test data submitted for the approval of pharmaceutical and agrochemical products, aiming to prevent unfair commercial use.
3. Simplified Procedures and Shortened Timelines
The amendment improves the application and examination process for patents, trademarks, and industrial designs. Timeframes for formality and substantive examination have been shortened to enhance efficiency.
4. Improvements in Copyright and Related Rights
The law expands the scope of protected works, clarifies the definition of co-authorship, and enhances protection for digital content. Online copyright enforcement is also emphasized in line with global trends.
5. Reinforcement of IP Enforcement Mechanisms
Vietnam is strengthening administrative, civil, and criminal enforcement of IP rights. The changes include more severe penalties for counterfeiting and increased responsibilities for online platforms regarding infringing content.
6. Geographical Indications and Traditional Knowledge
Enhanced procedures for registering geographical indications (GIs) aim to support Vietnam’s agricultural exports. The law also introduces the concept of traditional knowledge as a subject of protection under IP.
7. Technology Transfer and IP Commercialization
The law encourages commercialization of intellectual assets, especially those developed through public-funded R&D projects. Provisions have been updated to promote licensing and transfer of technology.
8. Alignment with International Treaties
Many of the changes are intended to ensure compatibility with treaties such as the Madrid Protocol, PCT, and Berne Convention, to which Vietnam is a member.
The mentioned updates mark an important step forward in Vietnam’s efforts to modernize its IP legal framework. They aim to foster innovation, improve the investment climate, and enhance the competitiveness of Vietnamese businesses in the global market.
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