Securing Your Intellectual Property in Vietnam: A Guide for International Partners

Vietnam’s burgeoning economy and its increasing integration into the global marketplace have positioned it as a prime destination for foreign investment. As international businesses look to capitalize on the country’s dynamic growth, safeguarding their intellectual property (IP) becomes paramount. In this thriving environment, robust IP protection is not merely an option but a fundamental necessity for sustainable success. Vietnam operates under a “First-to-File” system, meaning that the entity which first applies for an IP right is generally granted ownership, regardless of prior use. This underscores the urgency for foreign companies to proactively secure their IP assets in this rapidly evolving market. IPNG CO., Ltd. stands as a leading and reliable intellectual property representation firm in Vietnam, specializing in providing comprehensive assistance to international partners seeking to protect their innovations and brands within the country.

Understanding Vietnam’s Intellectual Property Framework

The legal framework for intellectual property in Vietnam recognizes seven distinct types of rights. These include Copyright, protecting literary and artistic works; Patent, granting exclusive rights for inventions; Trademark, distinguishing goods and services of one enterprise from others; Industrial Designs, covering the ornamental or aesthetic aspects of a product; Layout Designs, relating to the three-dimensional disposition of circuit elements in semiconductor chips; Geographical Indications, used on products with a specific geographical origin and attributable qualities; and Trade Secrets, protecting confidential business information. While the spectrum of IP rights is broad, this guide will focus on the three core areas most pertinent to international businesses: Trademarks, Patents (encompassing both inventions and utility solutions), and Industrial Designs.

Within the realm of patent protection, Vietnamese law distinguishes between Patents for inventions, which are valid for 20 years from the filing date, and Patents for utility solutions, offering a 10-year term of protection. Industrial designs, which protect the visual appearance of a product, have an initial protection period of 5 years from the filing date, renewable for two consecutive five-year terms, totaling a maximum of 15 years. This differentiation necessitates a tailored approach for foreign companies, aligning the type of patent sought with the nature and expected commercial lifespan of their innovations. Breakthrough inventions with long-term market potential may warrant pursuing an invention patent, while incremental improvements or innovations with shorter market cycles might be more suitably protected as utility solutions.

A critical aspect of Vietnam’s IP framework is the “First-to-File” principle, which applies to both trademarks and patents. This legal tenet dictates that the first party to file a valid application for a trademark or patent is generally entitled to the exclusive rights, irrespective of whether they were the first to use the mark or invent the technology. This rule underscores the importance of prompt action for foreign companies; delaying the filing of IP applications in Vietnam could result in another party registering the rights first, potentially leading to significant legal and commercial challenges.

Vietnam demonstrates a strong commitment to aligning its intellectual property laws and practices with international standards through its active participation in numerous key IP treaties and conventions. These include 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 (WIPO), the Patent Cooperation Treaty (PCT), the Madrid Protocol/Madrid Agreement concerning the international registration of marks, and the Hague Agreement for the international registration of industrial designs. This engagement with the global IP community provides a familiar framework for foreign companies seeking to protect their intellectual property in Vietnam, often allowing them to leverage established international routes for filing applications, thereby simplifying the process.

Navigating Trademark Registration in Vietnam

To be eligible for trademark registration in Vietnam, a sign must be visible and capable of distinguishing the goods or services of one enterprise from those of others. This includes signs in the form of letters, numerals, words, pictures, images, and even three-dimensional images, presented in one or more colors. Furthermore, the scope of registrable trademarks has expanded to include non-traditional marks such as combinations of colors, sounds, holograms, and trade dress, provided these elements possess distinctiveness. This evolving definition offers a broader range of options for businesses seeking to protect their brand identity in Vietnam.

For foreign applicants, the trademark registration process in Vietnam involves several key steps. Firstly, it is crucial to create a distinctive sign that meets the eligibility criteria. Secondly, conducting a thorough prior trademark search is strongly recommended to ensure that the proposed mark is not confusingly similar to already registered trademarks. This proactive step can significantly reduce the risk of rejection or opposition later in the process. Once the mark is finalized and the search is conducted, a trademark application must be submitted to the Intellectual Property Office of Vietnam (IP Vietnam). Foreign applicants are required to appoint a local representative, such as IPNG CO., Ltd., who is a resident in Vietnam and a registered trademark agent, to file the application on their behalf. The application can be submitted online through IP Vietnam’s e-filing system or in person/by mail.

The essential documentation for a trademark application includes a completed application form, at least five images of the trademark, a detailed list of the goods or services to which the trademark will apply, and proof of payment of the necessary fees. Foreign applicants must also provide a Power of Attorney authorizing their local representative to act on their behalf. If priority is being claimed based on an earlier filing in another country, priority documents will also be required. It is important to note that all application documents must be submitted in Vietnamese. This necessitates the use of professional translation services to ensure accuracy and compliance with Vietnamese legal requirements, a service that local IP firms like IPNG CO., Ltd. are well-equipped to provide.

Following the submission of the application, IP Vietnam conducts a formal examination to check for any deficiencies in the application. If the application passes this stage, it is published in the Industrial Property Official Gazette for a two-month opposition period, during which third parties can file objections to the registration. After the opposition period, IP Vietnam conducts a substantive examination to assess whether the trademark meets all the legal requirements for registration. If the application successfully passes the substantive examination and any opposition proceedings, IP Vietnam will issue a notification of allowance, and upon payment of the registration fee, the trademark registration certificate will be granted.

A trademark registered in Vietnam is valid for a period of 10 years from the date of registration. This protection can be renewed indefinitely for subsequent 10-year periods upon payment of the applicable renewal fees. Foreign companies must remain vigilant regarding renewal deadlines and procedures to ensure continuous protection of their valuable brand assets in Vietnam, a task that can be efficiently managed by partnering with a local IP firm like IPNG CO., Ltd.

The cost of trademark registration in Vietnam involves several fees. These typically include an application fee, which is approximately $42 USD per class of goods or services, and a trademark registration certificate fee of around $16 USD). Renewal fees are also applicable, typically around $47 USD per class. It’s important to note that these are base fees, and additional costs may arise depending on factors such as the number of classes, complexity of the trademark, and use of legal representatives. Understanding the comprehensive cost structure is crucial for foreign companies when budgeting for IP protection in Vietnam, and IPNG CO., Ltd. can provide transparent and detailed fee information.

Protecting Innovations: The Patent Registration Process in Vietnam

Vietnam’s patent law provides protection for two main types of inventions: invention patents and utility solution patents, each with distinct criteria and terms of protection. An invention patent is granted for inventions that possess global novelty, an inventive step (meaning the invention is not obvious to a person skilled in the art), and industrial applicability, offering a protection term of 20 years from the filing date. A utility solution patent, on the other hand, is granted for inventions that are globally novel, industrially applicable, and not common knowledge, providing a 10-year protection term from the filing date. Industrial designs, while sometimes referred to as design patents, protect the aesthetic appearance of an article and have a 5-year term, renewable up to 15 years. The choice between an invention patent and a utility solution patent depends on the nature of the innovation and its level of inventiveness, a determination on which IPNG CO., Ltd. can provide expert guidance.

To be eligible for patent protection in Vietnam, an invention must meet specific patentability requirements. As mentioned, for invention patents, these include novelty, inventive step, and industrial applicability. For utility solutions, the requirements are novelty and industrial applicability, with the added condition that the solution must not be considered ordinary knowledge in the relevant field. Vietnamese law also specifies certain subject matter that is not patentable. This includes scientific discoveries or theories, mathematical methods, schemes or plans for performing mental acts, methods of treating humans or animals by therapy, diagnosis, and prevention of diseases, computer programs, presentations of information, and plant or animal varieties. Foreign applicants should carefully assess their inventions against these criteria and exclusions to determine patent eligibility in Vietnam, an evaluation where the expertise of IPNG CO., Ltd. can be invaluable.

The patent application process in Vietnam for international entities involves several stages. It typically begins with an initial patent search to assess the novelty and patentability of the invention. Following this, the applicant must prepare a comprehensive patent application, including a detailed specification describing the invention, claims defining the scope of protection sought, an abstract summarizing the invention, and any necessary drawings. This application must then be submitted to the National Office of Intellectual Property of Vietnam (IP Vietnam). It is crucial to note that foreign applicants are legally required to file their patent applications through a registered IP agent in Vietnam, such as IPNG CO., Ltd^.

Once the application is filed, it undergoes a formality examination to ensure all procedural requirements are met. If the application is deemed formally compliant, it is typically published in the IP Gazette approximately 19 months from the filing date or priority date. To proceed further, a request for substantive examination must be filed within 42 months from the priority date for invention patents and within 36 months for utility solution patents. During substantive examination, IP Vietnam assesses the invention against the patentability criteria. If the examination results are positive, a notification of intention to grant the patent is issued, and upon payment of the grant and annuity fees, the patent is officially granted. If the application is refused, the applicant has an opportunity to respond to the refusal within a specified timeframe. This multi-stage process, with its specific timelines, underscores the necessity of partnering with a local IP agent like IPNG CO., Ltd. to ensure effective navigation.

Foreign applicants can strategically utilize international agreements like the Paris Convention and the Patent Cooperation Treaty (PCT) when seeking patent protection in Vietnam. The Paris Convention allows applicants who have filed a patent application in one member country to claim priority for a subsequent application in another member country within 12 months of the first filing date. This provides an opportunity to establish an early filing date and later extend protection to Vietnam. The PCT offers a more streamlined route for seeking patent protection in multiple countries, including Vietnam, by allowing the filing of a single international application. For Vietnam, applicants entering the national phase through the PCT must do so within 31 months from the earliest priority date. IPNG CO., Ltd. can provide comprehensive assistance with both the Paris Convention and PCT routes for patent filings in Vietnam.

Once a patent is granted in Vietnam, its validity must be maintained through the payment of annual annuity fees. These fees are typically due every year after the grant date, and late payments are usually permissible within a grace period, subject to a surcharge. Failure to pay these annuity fees on time can result in the lapse of patent rights. To avoid such a scenario, foreign companies can rely on IPNG CO., Ltd. to manage these critical payments and ensure the continued validity of their patents in Vietnam.

The costs associated with patent registration and maintenance in Vietnam can vary based on several factors, including the type of patent, the number of claims, the length of the patent specification (including drawings), and the number of priority applications claimed. While specific fee amounts are subject to change and may not be consistently detailed across all available resources, foreign companies should seek a comprehensive breakdown of these costs from IPNG CO., Ltd. to facilitate accurate budget planning for their patent protection strategies in Vietnam.

Safeguarding Design Aesthetics: Industrial Design Registration in Vietnam

In Vietnam, industrial design protection safeguards the ornamental or aesthetic aspect of a product. This protection extends to the visual appearance of a product, or a part intended for assembly into a complex product, as defined by its shapes, lines, colors, or any combination thereof, which is visible during the product’s use. It is important to distinguish this from patent protection, which focuses on the functional or technical aspects of an invention. Protecting the unique visual design of a product can be crucial for maintaining a competitive edge, especially in markets where aesthetic appeal significantly influences consumer choices.

The procedure for registering an industrial design in Vietnam as a foreign applicant mirrors some aspects of trademark and patent registration but has its own specific requirements. The process typically involves preparing the industrial design, including detailed drawings or photographs showcasing all views of the product, and classifying it according to the international classification for industrial designs. Conducting a prior search to ensure the novelty of the design is also advisable. Subsequently, an application for registration must be filed with IP Vietnam. As with trademarks and patents, foreign individuals and organizations not residing or having a business establishment in Vietnam are required to submit their industrial design applications through a licensed IP representative such as IPNG CO., Ltd.

The necessary documents for an industrial design application typically include a registration declaration form, a Power of Attorney for the representative, a set of photographs or drawings of the industrial design (usually showing at least seven views: perspective, front, rear, right, left, top, and bottom), and a description of the design highlighting its novelty features. If priority is claimed, a certified copy of the priority document is also required. All documents must be in Vietnamese. The requirement for detailed visual representations underscores the visual nature of industrial design protection, and IPNG CO., Ltd. can provide guidance on meeting these specific presentation standards.

Upon filing, the application undergoes a formality examination, which typically takes about one month. If the application meets the formal requirements, it is published in the Industrial Property Official Gazette within two months from the date of acceptance. Following publication, the application proceeds to substantive examination, which assesses the design’s novelty and creativity, usually within seven months from the publication date. If the substantive examination is successful, a notification of intention to grant the industrial design patent is issued, and upon payment of the required fees, the patent is granted.

An industrial design registered in Vietnam has an initial protection period of five years from the filing date. This protection can be renewed for two additional consecutive terms of five years each, providing a maximum total protection of 15 years. Foreign companies need to manage these renewals proactively to maintain continuous protection for their valuable industrial designs in Vietnam, a service that IPNG CO., Ltd. can efficiently handle.

Vietnam also offers a novelty grace period of six months for industrial designs. This means that if the design was disclosed to the public within six months prior to the filing date due to certain circumstances (e.g., exhibition, publication), this disclosure will not negate the novelty of the design for registration purposes. While this grace period provides some flexibility, it is generally advisable to file for industrial design protection before any public disclosure to ensure the strongest possible rights. IPNG CO., Ltd. can provide expert advice on leveraging this provision when applicable.

The Strategic Advantage of Partnering with a Local IP Representative

For foreign entities seeking intellectual property protection in Vietnam, engaging a local IP representative is often not just beneficial but a legal necessity. Vietnamese IP law generally requires foreign individuals and organizations without a permanent residence or business establishment in Vietnam to file all IP-related applications through a licensed IP agent. This mandatory requirement underscores the critical role that local IP firms like IPNG CO., Ltd. play in facilitating IP protection for international clients.

Partnering with IPNG CO., Ltd. offers numerous strategic advantages beyond simply fulfilling this legal obligation ²³. Our firm possesses in-depth expertise in Vietnamese IP law and procedures, ensuring that all filings are accurate and compliant. Our team’s language proficiency in both English and Vietnamese facilitates seamless communication and accurate handling of all necessary translations. We streamline the often complex IP registration processes, guiding clients through each step and minimizing the risk of errors or delays. Furthermore, our established relationships with the Intellectual Property Office of Vietnam (IP Vietnam) enable efficient communication and can help expedite the examination process.

IPNG CO., Ltd. understands the cultural nuances of doing business in Vietnam, which can be crucial when navigating legal and administrative procedures. We offer cost-effective solutions compared to many international law firms, providing high-quality legal services tailored to the specific needs of our clients. Our commitment to personalized service ensures that each client receives dedicated attention and customized strategies for their IP protection needs. Additionally, our strong local connections and networks within the Vietnamese legal and business communities can be invaluable for various aspects of IP protection and enforcement.

Foreign companies often encounter challenges such as bureaucratic hurdles, language barriers, enforcement issues, and cultural differences when trying to protect their IP in Vietnam. IPNG CO., Ltd. acts as a crucial bridge, helping our international partners overcome these obstacles. We navigate the complex legal and regulatory environment, ensure accurate translations, help adapt to local cultural practices, and manage bureaucratic processes effectively. We also assist in the registration, enforcement, and defense of IP rights, safeguarding our clients’ innovations and brands against unauthorized use. By partnering with IPNG CO., Ltd., foreign companies can gain a significant advantage in securing and enforcing their intellectual property rights in Vietnam.

Call to Action

IPNG CO., Ltd. invites foreign companies and intellectual property representatives to collaborate with us for all their IP needs in Vietnam. With our deep expertise in Vietnamese IP law, our commitment to providing seamless services, and our proven track record of assisting international clients, we are your trusted partner in securing your intellectual assets in this dynamic market. Contact us today for a free initial consultation to discuss your specific IP requirements and explore how we can help you achieve your business objectives in Vietnam. You can reach us through our website at www.ipngco.com, via email at info@ipngco.com. Let us be your gateway to effective intellectual property protection in Vietnam.

Conclusion

Protecting intellectual property rights in Vietnam is a critical imperative for international businesses aiming for success in this rapidly growing economy. The complexities of the Vietnamese IP framework, including the “First-to-File” system and the specific procedures for trademarks, patents, and industrial designs, necessitate a strategic and well-informed approach. IPNG CO., Ltd. offers the comprehensive expertise, local knowledge, and dedicated support that foreign companies need to navigate these complexities effectively. As a trusted local partner, we are committed to providing seamless IP protection services, helping you secure your innovations, brands, and designs in Vietnam and explore potential collaboration opportunities. Reach out to us today to safeguard your intellectual assets and unlock your full potential in the Vietnamese market.

Table 1: Types of Intellectual Property Rights in Vietnam

Type of IP Right	Brief Description	Typical Term of Protection
Copyright	Rights of creators over their literary and artistic works.	Minimum protection from publication
Patent (Invention)	Exclusive right granted for a new, inventive, and industrially applicable product or process.	20 years from filing date
Patent (Utility Solution)	Exclusive right granted for a new and industrially applicable solution that is not common knowledge.	10 years from filing date
Trademark	A sign capable of distinguishing the goods or services of one enterprise from those of others.	10 years from registration, renewable indefinitely
Industrial Design	The ornamental or aesthetic aspect of a product.	5 years from filing, renewable for two additional 5-year terms
Layout Design	A three-dimensional disposition of circuit elements in a semi-conducting closed circuit.	10 years from filing or first commercial exploitation
Geographical Indication	A sign used on goods with a specific geographical origin and attributable qualities.	Not specified
Trade Secret	Intellectual Property rights on confidential information used in business.	Not specified

 

Table 2: Key Steps in Trademark Registration for Foreign Applicants in Vietnam

Step Number	Description of the Step	Estimated Timeline	Role of IPNG CO., Ltd.
1	Create a distinctive sign	Varies	Advise on registrability and distinctiveness
2	Conduct a prior search	Varies	Conduct comprehensive trademark searches
3	Submit an application	1 day	Prepare and file the application
4	Formality examination	3-5 months	Monitor and respond to any formal deficiencies
5	Publication	2 months (after formal acceptance)	Monitor publication and potential oppositions
6	Substantive examination	18-24 months (from filing date)	Monitor and respond to any objections
7	Grant of registration	1-2 months (after substantive approval)	Handle registration and obtain certificate
8	Payment of registration fee	Within 3 months of notification	Assist with fee payment

 

Table 3: Comparison of Invention Patents and Utility Solution Patents in Vietnam

Feature	Invention Patent	Utility Solution Patent
Definition	Exclusive right for a new, inventive, and industrially applicable product or process.	Exclusive right for a new and industrially applicable solution that is not common knowledge.
Novelty Requirement	Global novelty	Global novelty
Inventive Step Requirement	Required (not obvious to a person skilled in the art)	Not required
Industrial Applicability Requirement	Required	Required
Term of Protection	20 years from filing date	10 years from filing date

 

Table 4: Key Stages in Industrial Design Registration for Foreign Applicants in Vietnam

Stage Number	Description of the Stage	Estimated Timeline	Role of IPNG CO., Ltd.
1	Prepare industrial designs and classify	Varies	Assist with design preparation and classification
2	Research industrial designs	Varies	Conduct design searches
3	Apply for registration	1 day	Prepare and file the application
4	Formality examination	03-05 month	Monitor and respond to any formal issues
5	Publication	2 months (after formal acceptance)	Monitor publication and potential oppositions
6	Substantive Examination	12-15 months (from filing date)	Monitor and respond to any objections
7	Notification of intention to grant	Varies	Monitor notification
8	Payment of fees	Within prescribed timeframe	Assist with fee payment
9	Issue the Industrial design patent	Within 3 months from the date of payment	Obtain patent certificate