INTELLECTUAL PROPERTY LAW INTERNATIONAL IN VIETNAM – UNILAW

Understanding intellectual property law international in Vietnam is crucial for businesses, innovators, and creators navigating a rapidly evolving legal landscape. This article provides a comprehensive overview of Vietnam’s IP framework, its alignment with global treaties, and the role of Unilaw in providing expert legal counsel.

Overview of Intellectual Property Law in Vietnam

Vietnam’s legal framework on intellectual property (IP) is primarily governed by the Law on Intellectual Property (first enacted in 2005 and subsequently amended in 2009, 2019, and 2022)
It encompasses copyright and related rights, industrial property rights (such as patents, trademarks, and industrial designs), and plant variety protection. The enforcement of IP rights in Vietnam reflects the government’s commitment to supporting creativity, investment, and fair competition in both domestic and international contexts.

Vietnam’s Commitment to International Treaties

Vietnam is a member of key international IP treaties, which demonstrates its active participation in the global intellectual property system. These include the Paris Convention, the Berne Convention, the Patent Cooperation Treaty (PCT), the Madrid Protocol, and the Hague Agreement
These commitments ensure that Vietnam aligns with intellectual property law international standards and provides protection for both domestic and foreign rightsholders. The integration of these treaties into domestic law reinforces Vietnam’s position as a trusted jurisdiction for global business.

Copyright and Related Rights

Decree 17/2023/ND-CP provides detailed regulations on copyright and related rights enforcement. This includes protections for literary, artistic, and scientific works, as well as for performers, producers of sound recordings, and broadcasting organizations. Vietnam recognizes foreign works published for the first time in Vietnam or simultaneously within 30 days abroad, which further reflects its compliance with international practices.

Industrial Property Rights

Vietnam’s industrial property system covers patents, trademarks, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, and geographical indications
Decree 65/2023/ND-CP and Circular 23/2023/TT-BKHCN provide clear rules for filing, examination, opposition, and enforcement procedures. Through participation in the PCT, Madrid, and Hague systems, Vietnam has established strong mechanisms for international applicants seeking protection in its territory.

Plant Variety Protection

Plant variety rights are an important aspect of Vietnam’s IP system. Decree 79/2023/ND-CP outlines the procedures for registration, ownership rights, transfer, and enforcement of plant.
Foreign entities from UPOV member states can also obtain protection in Vietnam, underscoring its compliance with international agricultural IP standards.

Customs Enforcement and Border Measures

The Customs Law, supplemented by IP regulations, empowers authorities to suspend customs clearance for goods suspected of infringing IP rights: This border enforcement mechanism is crucial in preventing the circulation of counterfeit and pirated goods, especially given Vietnam’s role as a major manufacturing and trading hub in Asia.

Challenges in IP Enforcement

Despite improvements, challenges remain in enforcement, such as online piracy, counterfeit goods in traditional markets, and limited public awareness. Strengthening enforcement agencies and enhancing cooperation between courts, customs, and administrative bodies remain critical to ensuring effective IP protection in line with intellectual property law international principles.

Role of Unilaw in Intellectual Property Law International

Unilaw, a trusted law firm in Vietnam, provides specialized legal services across investment, insurance, maritime law, and intellectual property:
Its team of experienced lawyers offers tailored solutions for foreign and domestic clients, helping them register, enforce, and protect their IP rights in compliance with both Vietnamese law and international treaties. With multilingual capabilities and deep cultural understanding, Unilaw bridges the gap between local regulations and global IP practices.

Specialized IP Legal Services by Unilaw

Unilaw’s services extend to multiple areas of IP, including:

• Patent and trademark registration and enforcement
• Copyright and related rights protection
• Litigation and dispute resolution in IP cases
• Customs monitoring and anti-counterfeiting measures
• Advisory services for technology transfer and licensing

This breadth of services ensures that clients receive comprehensive support throughout the IP lifecycle.

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Conclusion

Vietnam’s commitment to harmonizing its domestic legal framework with intellectual property law international standards offers significant opportunities for innovators and businesses worldwide. With trusted legal partners like Unilaw, foreign investors and local enterprises alike can safeguard their IP rights effectively and strategically in Vietnam.

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