Intellectual Property Protection in Vietnam in 2023
In the past few years, Vietnam has made considerable strides in enhancing its IP protection framework, demonstrating its dedication to fostering a business-friendly climate and advancing technology. The legal rights that have been given to people or organizations over their inventions or creations are referred to as intellectual property (IP).
Intellectual property (IP) protection in Vietnam offers numerous benefits to individuals and businesses that are registered in Vietnam such as it fosters innovation and creativity, helping attract foreign investment, supporting economic development, and preventing unauthorized copying, forging, and infringement of works.
In this article, we will provide a comprehensive overview of intellectual property protection in Vietnam, covering various forms of IP rights and their enforcement mechanisms. We will also explore the international conventions that Vietnam has signed to ensure effective IP protection within the country.
Various Forms of Intellectual Property Protection in Vietnam
Various forms of intellectual property protection in Vietnam include:
Copyright
Copyrights refer to the ownership rights of authors and artists over their creative works. These IP rights safeguards written or produced projects, including creative works, music, movies, and internet material and sculptures.
Patents
A patent is an original right given for an innovation, that is an item or a method that offers an entirely novel approach to doing something or a new technological remedy for a problem. Patent safeguards innovative commercial products and processes. Technical details concerning the innovation have to be made public to obtain a patent while applying for a patent application.
Industrial Designs
The decorative or aesthetic component of an item is demonstrated by its industrial design. A design might include two-dimensional elements like structures, lines, or colors, as well as three-dimensional elements like the form or texture of an object.
Trademarks
A trademark is a symbol that can be employed to separate the products or operations of one company from those supplied by other companies.
Geographical Indication
A geographical indication is a mark designating an article as coming from a certain area, community, territory, or nation. The name of the location where the items were made is most frequently included in a geographical indicator.
Trade secrets
Trade secrets are IP rights on private data that can be licensed or traded.
The ownership of intellectual property might be registered or unregistered.
Unregistered IP gives you immediate ownership of what you have produced. You must apply to a relevant body to get your registered intellectual property rights acknowledged. Failure to do so will allow others to profit from your work.
Registering Intellectual Property in Vietnam
Several procedures are in effect for copyright, patent, and trademark registration, such as:
Copyright
Vietnam has ratified the Berne Convention on Copyright. This establishes the required level of security at 50 years from release for creations in the fields of the film industry, photography, and theatre, and at 50 years following the author’s passing for any additional compositions.
Although registering your copyright is not obligatory in Vietnam, it is recommended to register your copyright with the National Copyright Office.
Patents as well as industrial designs
Industrial designs and innovations must be registered individually with the National Office of Intellectual Property in Vietnam. The “first to file” rule governs the Vietnamese patent system. This rule means that if two distinct individuals submit applications for patents on the same idea, the patent will go to the applicant who applied earlier. Requests can additionally be processed through the Patent Cooperation Treaty for patent protection for items apart from industrial designs.
Accordingly, the nation makes the following difference between utility solution patents and patents for inventive concepts:
- The duration of safeguarding invention patents is 20 years following the application’s submission date.
- The maximum period utility patents are valid is ten years following the application submission day.
- Industrial designs are allowed for five years after application submission, but they can be renewed for two more five-year terms.
Trademarks
The trademark system functions by safeguarding logos, shades, and various other visual elements needed to distinguish a company’s goods from those of competitors, particularly three-dimensional goods. To enroll for a trademark, applications have to be filed with the NOIP. The process of trademark registration might require as long as fifteen months. Trademarks have a validity period of 10 years and are constantly renewable for additional ten-year periods.
Enforcement of Intellectual Property Rights in Vietnam
Intellectual property protection in Vietnam requires efficient enforcement. In Vietnam, civil, administrative, and criminal proceedings are typically used to enforce intellectual property rights.
There are three ways for businesses to assert their intellectual property protection in Vietnam:
Administrative Action
This procedure is typically quick and relatively simple and is used to resolve a large number of disagreements regarding Intellectual property. There are numerous authorities, each with distinct roles and duties. Sanctions could involve warnings, penalties, confiscating or disposing of fraudulent items, canceling the organization’s permits, and re-exporting the illegal merchandise that was imported or en route.
Civil Court Action
Because of the Vietnamese judiciary’s inadequate expertise on intellectual property issues, this method is uncommon in Vietnam. The civil courts have the authority to grant preliminary injunctions and award reimbursement.
Criminal Prosecution
Criminal prosecution may be brought when substantial intellectual property is violated. Legal action may be taken by government agencies, such as Customs, or by right holders may file proceedings. Penalties, being imprisoned, and occasionally the death penalty are possible punishments in circumstances involving severe, organized crimes, or business-related offenses.
Structures for Intellectual Property Protection in Vietnam
| Intellectual property section | Governed by |
| Copyright and related rights | Copyright Office of Vietnam |
| Rights to plant varieties | Plant Variety Protection Office |
| Industrial property rights | National Office of Intellectual Property (NOIP) |
Conventions and Agreements for Intellectual Property Protection in Vietnam
Vietnam has ratified several international IP accords such as:
- The Paris Convention
- The Berne Convention
- The Madrid Protocol
- The Patent Cooperation Treaty
Conclusion
Intellectual property protection in Vietnam is essential to promote creative thinking, innovation, and economic growth in the nation. The Vietnamese government has put in place thorough intellectual property laws, created specialized courts and enforcement bodies, and taken a proactive role in international accords and organizations about intellectual property rights all of which can assist Individuals and companies to protect their intellectual property rights and profit from their inventive and creative endeavors.
If you have any queries regarding intellectual property protection in Vietnam or want to register your IP in Vietnam, consult our business experts at Odint Consulting. Our team of professionals is well-versed in the legal requirements and procedures, ensuring a smooth registration process while safeguarding your intellectual property rights. For thorough support customized to your unique needs, get in touch with us right away.
FAQ’s
In Vietnam, effective IP protection promotes innovation, draws in investment, stimulates the expansion of the economy, and protects individual as well as organizational creativity. It provides a solid foundation for the nation’s economic growth, market competitiveness, and long-term sustainability of numerous industries.
It normally takes 15 months to register a trademark in Vietnam.
Yes, Vietnam is a signatory to the Patent Cooperation Treaty (PCT). International patent applications may be submitted by candidates according to the PCT, naming Vietnam as their preferred country for patent protection.
- Invention patents have a validity period of 20 years
- Utility patents have a validity period of ten years
- Industrial designs are allowed for five years
- Trademarks have a validity period of 10 years
In Vietnam, civil, administrative, and criminal proceedings are typically used to enforce intellectual property rights.
