A Guide to Intellectual Property in Vietnam
ntellectual property (IP) is a key concern for every business, no matter where they are operating. This is no less true in Vietnam; while the country is a signatory to numerous IP conventions, there are still many reasons for foreign companies operating there to keep a close eye out for IP violations. Therefore, it is crucial that foreign investors have a clear understanding of how IP operates in Vietnam and what possible recourses are available should they find themselves dealing with a violation of their property.
A history of IP in Vietnam
In 2005, Vietnam’s National Assembly passed the Law on Intellectual Property Rights (IPRs); this law was later amended and supplemented in 2009.
In September 2010, in an effort to strengthen the protection of Intellectual Property Rights after entering into the Bilateral Trade Agreement (BTA) with the United States and participation in the World Trade Organization (WTO), Vietnam’s government issued stricter administrative sanctions for violations of industrial property rights, along with some important changes to IP regulations in Vietnam.
Aside from local IP legislation, Vietnam also participates in international IP conventions such as 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 agreement.
Understanding IP in Vietnam
As per the World Intellectual Property Organization (WIPO), IP is defined as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”
There are two types of IP: registered and unregistered. For registered IP, you must apply to have your rights recognized at an official IP organization, such as the Intellectual Property Office in the United Kingdom. Types of registered IP include patents and registered trademarks. For unregistered IP, you automatically have IP rights over your creation. Types of unregistered IP include copyright, common law trademarks and database rights, confidential information, and trade secrets.
Due to the fact that Vietnam joined the World Trade Organization (WTO) in 2007, the country has had to meet the minimum IP standards set out by that organization – this has also meant that IP in Vietnam has many similarities with IP in more developed countries. As such, Vietnam has divided its IP system into three areas:
- 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 holds the role of chief coordinator and is the agency which, under the aegis of the Ministry of Science and Technology, assumes the functions of exercising state management and providing services in the field of IP. This includes administrating the registration of industrial designs, trademarks, brand names, and other industrial property rights, and conducting basic legal appraisals to settle intellectual property disputes.
Before delving into the specifics of each type of IP, it is worth noting that the Paris Convention’s “priority rights” can aid in the local registration of patents, designs, and trademarks by allowing rights previously registered elsewhere to become effective in Vietnam. However, this must be completed within the specified time limit.
Copyright
Registration of copyright is conducted at the National Copyright Office. Copyright IP also applies to computer programs that cannot be patented. Vietnam copyright IP is governed by the Berne Convention on copyright which states that the minimum protection from publication will be:
- 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 no copyright registration is required in Vietnam, most patent experts suggest registering copyrights with the country’s copyright authorities.
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This article is produced by Vietnam Briefing, a premium source of information for investors looking to set up and conduct business in Vietnam. The site is a publishing arm of Dezan Shira & Associates, a leading foreign investment consultancy in Asia with over 27 years of experience assisting businesses with market entry, site selection, legal, tax, accounting, HR and payroll services throughout the region.