Intellectual Property In Vietnam // Copyrights, Patents, Trademarks, And IP Registration In Vietnam Complete Guide
Manufacturing in Vietnam offers enormous opportunities, but protecting your intellectual property (IP) should be a top priority for any company entering this dynamic market. Vietnam has made significant strides in IP protection by joining major international agreements, such as the Paris Convention, the Berne Convention, and the TRIPS Agreement, signaling its commitment to global IP standards. Yet, when it comes to practical manufacturing, it’s essential to recognize that IP rights in Vietnam are governed by local laws and regulations, most notably, the “first to file” principle for patents and trademarks.
For foreign businesses, this means that registering and actively enforcing their intellectual property (IP) with Vietnam’s National Office of Intellectual Property (NOIP) and the Copyright Office of Vietnam (COV) is crucial before engaging in any business activities. While Vietnam’s legal framework covers most aspects of IP protection, enforcement continues to develop, and proactive management remains essential to safeguard your designs, brands, and innovations. In this article, we’ll break down the fundamentals of protecting intellectual property in Vietnam, explore practical steps for manufacturers, and highlight why taking action early can make all the difference for your long-term business success.
At Cosmo Sourcing, we take intellectual property seriously and protect our clients' designs and patents with utmost care. This guide will show you how long different intellectual property registries are valid in Vietnam and how to protect your product during the manufacturing process. Use it as a starting point if you're considering making a sizable investment and manufacturing your product in Vietnam.
NOTE: Copyright infringement is now a major criminal offense in Vietnam. The Vietnamese government ratified a law on January 1, 2018. It states that companies guilty of stealing intellectual property will be fined 3B VDN ($130,000) and face business closures of up to 2 years.
Vietnam and Intellectual Property Overview
The US Chamber of Commerce produces the GIPC - The Global Innovation Policy Center index. The agency collaborates with the UK-based consultancy Pugatch Consilium to develop maps of the 53 largest economies, which account for more than 90% of the world's GDP. It ranks each country based on protective metrics, including copyrights, trademarks, patents, enforcement, international treaty ratification, and other relevant factors.
Before major government reforms in the last 15 years, Vietnam was one of Asia's worst-ranked countries. The index has a maximum of 45, with an average of 36, encompassing major economies in Europe and North America.
Vietnam currently ranks 18th out of 35. However, the significant breakthrough occurred in 2018, when Vietnam jumped 5.93 percentage points on the index following the government's introduction of new legislation and protective measures. The latest change increased protection against IP infringement and made the country eligible for several international IP treaties. For instance, the new legislation opened the way for the EU-Vietnam Free Trade Agreement.
The index also highlighted Vietnam's progress in key areas, such as basic IP protection, the government's enforcement framework, and penalties for commercial infringement. The government is expected to introduce additional legislation to protect foreign investors in Vietnam in the future; we will update this guide with new information accordingly.
The newest report praised Vietnam for "developing a comprehensive and strategic approach to the country's Intellectual Property policy and making efforts to recognize the link between the protection of IP rights and the creation and commercialization of IP assets."
The new legislation has already led to a surge in Intellectual Property registrations and provided additional protection for foreign brands, which are investing billions of dollars in the country. In addition, this IP strategy is expected to benefit the country's economy by attracting new large corporations, which are lured by the increasing protections they can enjoy in Vietnam.
History Of Intellectual Property In Vietnam
Intellectual property wasn't acknowledged or protected in Vietnam until the early '80s. On January 23, 1981, Vietnam first announced "Decree 31/CP," an act that recognized patents for technological innovation and product development. The decree was the first time the country granted citizens the right to register their patents.
Accordingly, Vietnamese inventors were able to start applying for patents. They received a "Certificate for Inventors" or a "Patent Certificate" if they could meet the government's requirements. The patent certificate was a pioneering step in stimulating new inventions and supporting the Vietnamese industry. However, the act didn't expressly state major punishments or protections for breaching IP rights and only issued ownership certificates.
The act was followed by another act, known as "Decree 200-HDBT", issued in 1988. This act marked the first time the government began issuing protections for utility solutions, granting technical solutions a "Utility Solution Certificate" to meet conditions such as the novelty of industrial applications for inventions.
Consequently, this legislation revoked the individual "Certificate of Inventors" that the country used to issue in the early 80s. Patents, copyrights, and other forms of industrial property were then considered exclusively as property and treated as such. The country reaffirmed this in the 1995 Civil Code. In addition, the largest International Property Law of Vietnam (released in 2005) stated that the legal provisions for IP protections in Vietnam conform to international standards, as stated in the TRIPS agreement.
2005 IP Reforms In Vietnam
The Vietnamese government introduced a set of new IP protection laws in 2005 when the legislature passed the first "Vietnam Intellectual Property Law." The law included all the protections mentioned below that still apply today. Vietnam overhauled the law twice: Once in 2009 and once in 2019. The law's latest provision, as of June 2019, amended 11 key points related to the supplementation of copyrights, patents, trademarks, geographic indications, and law enforcement.
The Vietnamese government upgraded the IP regulations to comply with the Trans-Pacific Partnership (TPP) in 2019. The Vietnamese National Assembly retains the right to amend domestic IP laws as it sees fit, and it will likely update this law with even more protections for IP property owners. Cosmo Sourcing can help protect your product in Vietnam by enforcing certain intellectual property (IP) laws on your partner suppliers.
Intellectual Property Types In Vietnam: Top 4
Various types of intellectual property can be registered in Vietnam. The IP property has to be registered independently. Use the chart below to determine your rights and the duration of IP protection types. If you have an innovative product, you can protect the brand name, logo, design, internal functioning, or engineering (or everything at once).
Most foreign corporations operating in Vietnam effectively protect their intellectual property, including designs. Registering intellectual property in Vietnam is quite affordable, and we can help you with the process. Here are the most in-demand intellectual property types in Vietnam:
01_Copyrights in Vietnam
Copyright is used for brand names, slogans, or artistic works. For instance, Nike could register its "Nike" brand name or logo as a trademark. In addition, copyrights are frequently used for creative written and published designs and content.
02_Patents in Vietnam
Patents are advanced forms of intellectual property rights that protect commercial inventions and innovations. To apply for a patent, you must present a detailed design, such as the internal workings, to register it as a new patent. The patent can then be applied to new business products.
03_Trademarks in Vietnam
Trademarks are similar to copyrights but emphasize short words, sounds, or designs that distinguish your brand from the competition. For instance, Nike's "Just Do It" or Apple's "Think Different."
04_Design protection in Vietnam
Even though designs can be registered under patents, it's possible to protect a design, such as a computer model of a new product or a drawing that goes on one of your products.
The two forms of Intellectual property in Vietnam
Unregistered Intellectual Property
Unregistered IP is the most common way small businesses operate. Manufacturers’ products may be associated with a specific tagline or design, but they effectively have no protection over their products. They couldn't take legal action if someone were to steal their design. Instead, the thief could register their products as their trademark and put them out of business. If you’re doing business in Vietnam, you want to ensure the supplier won’t steal your design and put you out of business.
Registered Intellectual Property
Registered intellectual property is the only way to secure what belongs to you. Registering would be the only way for others to recognize your rights to a product or brand if someone were to steal it from you. We can make the Vietnamese government put suppliers who steal from our clients out of business - this is why this never happens. We’ll help you register your products in Vietnam and manufacture them without being taken advantage of by suppliers.
Intellectual Property In Vietnam By Cosmo Sourcing
Below is a complete list of all protections of Intellectual property that you can get in Vietnam
Patent (Innovative) In Vietnam
Requirements
To prove you have an innovative patent, you must provide evidence that the patent is an international novelty and that you can apply it in several technological, social, or economic fields.
Expiry Date
Innovative patents expire 20 years after the date of application.
Patent (Utility Solution) In Vietnam
Requirements
Under utility solution requirements, you must provide evidence that the product presents a new technical solution to an existing problem and that this technology doesn’t exist.
Expiry Date
Utility solution patents expire within ten years, starting from the date of application.
Trademark in Vietnam
Requirements
Trademarks must be unique and highlight the individual features of a brand, service, or product. Additionally, the trademarks must be in color and either word or image form.
Expiry Date
Trademarks expire within ten years of the date of application. However, they can be renewed indefinitely for 10-year periods.
Copyright in Vietnam
Requirements
Must provide evidence that they are the creator of artistic or scientific works (including digital products such as software).
Expiry Date
Copyright owners are entitled to moral and material rights for the author’s life and 50 years after that (exceptions apply for fine art, photographs, and movies).
Other Copyright in Vietnam
Requirements
Evidence that the audio, visual, radio, or performance shows are theirs.
Expiry Date
50 years.
Design (Industrial) Protection in Vietnam
Requirements
Industrial design is any design of a particular product that can be recognized based on the specific shape, form, lines, colors, or a combination of the above. The industrial design must be novel and capable of serving industrial or handmade products.
Expiry Date
Industrial design property expires within five years and can only be renewed twice, for a maximum of 15 years.
Design (Layout Or Circuit) Protections In Vietnam
Requirements
New electronic circuits and circuit elements can be integrated into existing circuits, but they must be original and unknown. In addition, the circuit elements must be three-dimensional.
Expiry Date
The design (layout/circuit) expires ten years from the day of issue and then extends an additional ten years from the first commercial use by an owner (or an assigned carrier).
Geographic Indicators in Vietnam
Requirements
Geographic indicator applications must provide evidence of a particular product’s geographic or territorial origin.
Expiry Date
Geographic indicators remain valid indefinitely from the date of issue.
Trade Name(s) in Vietnam
Requirements
Trade names, such as those of business owners and other individuals involved in a business, can be protected.
Expiry Date
As long as the person is running the business.
Trade Secrets In Vietnam
Requirements
Must provide evidence that this secret would give a competitor a specific economic advantage or leverage over their business.
Expiry Date
Trade secrets last indefinitely.
How To Register Intellectual Property In Vietnam
To enjoy intellectual property protection, as outlined in legislation by the Vietnamese government, you must register the intellectual property domestically. Each IP type mentioned above has a separate procedure. For now, we’ll focus on the most common types that foreign investors deal with:
Patent registration in Vietnam
(all inventions, industrial designs, or utility models)Registration must be made in Vietnam. We recommend taking it further if you own industrial designs and apply them under the “Patent Cooperation Treaty,” which is also an equally inexpensive and straightforward option.
Trademark registration in Vietnam (all brand names, taglines, etc.)
You can apply for registration directly in Vietnam. An alternative is to utilize the Madrid Protocol and obtain international rights through the Community Trade Mark registration system.
Copyright registration in Vietnam (unique/creative works of art, software, digital products, etc.)
Your rights will be automatically assumed without registration, but ensure you register the Vietnamese authorities’ copyrights to be safe.
Copyright In Vietnam // Overview
There are a few things to note about copyright in Vietnam:
Vietnam follows regulations set by the Berne Convention, which determined basic copyright standards.
All copyrights will be subject to lifetime recognition 50 years after the author’s death. Copyrights extend to creative works like photography, drama, music, art, and product designs.
Copyrights in Vietnam are under the jurisdiction of the Ministry of Culture, Sport, and Tourism. Vietnam has a National Copyright Office in Hanoi, where you can register copyrights that belong to you.
Digital products and software are included under basic copyright protection, including areas where the products can’t be patented. If you outsource IT or software development to Vietnam, Vietnam will protect your products as long as you register with the National Office of Intellectual Property in Hanoi.
Patents In Vietnam // Overview
Vietnam’s patent registration system differs from those of other nations. In the US and EU, all patents belong to the same category. In Vietnam, there are distinctions among patent categories. For example, patents only fall under “inventive” or “utility models.” Even though the rules of utility models are similar to inventive ones, the government requires more evidence to prove that inventive patents don’t exist anywhere else.
Inventive patents are protected in Vietnam for 20 years, while utility solution patents only benefit for up to 10 years. Vietnam’s patent office can extend these patents indefinitely.
Vietnam’s patent recognition system operates on a “first to file” principle. The “first to file” principle means that if two inventors file for an identical invention, the first inventor to apply for the patent receives it.
All industrial designs associated with the patents are protected for up to 5 years.
Trademarks In Vietnam // Overview
Trademarks in Vietnam have requirements similar to those of the US and EU. The trademarks extend to a brand’s protective logos, symbols, colors, or other visual indicators. The latest update to IP legislation included 3D objects under trademark protection.
The filing procedure for a trademark in Vietnam takes 13-15 months, depending on the brand involved. The trademark is valid for ten years, after which it can be renewed for another ten years.
Web domain names can be protected under trademarks, but they’re also allocated on a “first to file” basis.
Trade names can be associated with trademarks and constitute industrial property.
How To Enforce Intellectual Property Rights In Vietnam
To enforce intellectual property rights after you’ve registered your IP assets in Vietnam, you have the following options:
Administrative Complaints. The intellectual property owner can report a violator to the National Copyright Office and other administrative authorities where the intellectual property is registered. The authorities take action in their name and settle the case. Most disputes in Vietnam are typically settled in this manner.
Sanctions. Government bodies can sanction suppliers or partners who steal intellectual property (IP) by issuing warnings, fines, or seizing their goods. Sometimes, they revoke their business license and force them to pay massive fines.
Customs Seizures. The latest updates to the IP legislature included a new customer management feature that allows IP rights owners to register their products with customs. Customs continuously monitor the movement of counterfeit and pirated goods to ensure they don’t leave the country.
Civil Court. While most disputes are settled outside the courtroom, the Civil Court may take some significant cases to court. The owners are eligible to sue for damages and are entitled to compensation.
Cosmo Sourcing // Your Trusted Partner In Vietnam
If you want to source from Vietnam, contact the Cosmo Sourcing team; we have been helping clients source from Vietnam since 2014. Cosmo Sourcing has the skills and the team to find you the best supplier possible. We are also established in China and are among the few companies that can source suppliers in both China and Vietnam. Pick the one you think is best.
Our Vietnam Sourcing services enable you to access new manufacturers that are not available in China, allowing you to avoid Tariffs. Our services are designed to take your idea, turn it into a product, and ship it to its final destination. Cosmo can handle everything from creating a product spec sheet to validation, sourcing, ordering, and evaluating samples, arranging inspections, finding freight forwarders, ensuring quality assurance, negotiating, and shipping. We aim to handle every single step of your business in Vietnam for you.
If you start a new business, finding products and suppliers for your products is one of many things you need to handle. Our services are designed to handle every aspect of your business in China and Vietnam, allowing you to focus on growing your own business.
We have helped clients from Fortune 500 companies, brick-and-mortar stores, FBA sellers, and brand-new businesses. So don’t hesitate to contact us and let us know how we can help you.