IP in Vietnam
Information to help you protect, manage and enforce your intellectual property (IP) rights in Vietnam
This page provides practical information to help you make the most of your IP when doing business in Vietnam.
If you plan to do business in Vietnam, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British businesses looking for access to intellectual property advice and support should contact our South East Asia attaché team, based in the High Commission in Singapore who provide support and advice to UK businesses in Vietnam and South East Asia.
The Intellectual Property Office of Vietnam (IP Vietnam) is responsible for patent, utility model, industrial design and trade mark system.
The Copyright Office of Vietnam (COV) is responsible for copyright.
Trade marks
The Vietnam trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in Vietnam you can:
- Apply direct to IP Vietnam.
- Make an international trade mark application and select Vietnam as a designated country. More information on international trade marks can be found on protecting your trade mark abroad page.
Good to know
Applications must be made in Vietnamese and via an agent (such as a lawyer) registered in Vietnam.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Vietnam. Vietnam also provides protection for utility models for up to 10 years. Utility models are sometimes called “mini-patents” and require a lower level of inventiveness All patent rights in Vietnam are subject to the payment of annual fees after they’ve been granted.
To protect your innovation with a patent in Vietnam you can:
- File an application directly to IP Vietnam.
- File an international patent application and select Vietnam as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found on the International Patent Protection page.
- File an ASEAN application via ASEAN Patent Examination Co-operation (ASPEC). This can reduce cost and effort of applying for patents in multiple ASEAN countries.
Good to know
Vietnam operates a ‘first to file’ principle. If 2 people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. Vietnam does operate a grace period where you can register a patent within 12 months of any public disclosure.
Applications must be made in Vietnamese and via an agent (such as a lawyer) registered in Vietnam.
Designs
In Vietnam, design protection initially last for 5 years and can be extended for 2 consecutive periods i.e. protection can last for a maximum of 15 years.
To protect your design in Vietnam you can:
- File an application directly to IP Vietnam.
- File an international design application and select Vietnam as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found on the International Design Protection page.
Good to know
Vietnam operates a ‘first to file’ principle. If 2 people apply for an identical design, the first one to file the application will be awarded the protection. Vietnam does operate grace period where you can register a design within 6 months of any public disclosure.
Applications must be made in Vietnamese and via an agent (such as a lawyer) registered in Vietnam.
If you do not have a production or trading presence in Vietnam, your design application must be made via an agent in Vietnam e.g., a lawyer.
Copyright
As in the UK, copyright is an automatic right under Vietnamese law.
Copyright in Vietnam protects original literary, artistic, and scientific works including computer programmes and software.
The length of protection varies but generally lasts for 70 years counted from 1 January of the year following the author’s death.
Good to know
Although protection is automatic, you may want to register your work with the Copyright Office of Vietnam. Registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authority.
Enforcing your rights
Businesses mention IP infringement and IP enforcement as issues when operating in Vietnam.
If your rights are infringed, there are 4 main avenues to consider: administrative action, civil litigation, criminal prosecution, and customs seizures.
Administrative action is the most common and likely to be most cost-effective route to tackling small scale infringement. Applications for administrative measures should be made to the relevant agency and consequences can include fines and the destruction of infringing goods.
Criminal IP cases have increased in recent years however are normally targeted to cases of consumer harm and can only be taken against copyright or trade mark infringement.
Businesses can register their IP with customs official who can monitor counterfeit or pirated goods at the border. The recordal is effective for 1 year and can be extended for a further year. Non Vietnamese IP rights holders must file an application via an IP agent e.g., a lawyer in Vietnamese.
More information
For specific support on IP enforcement, we have developed a Vietnam: IP rights enforcement manual including details on the laws and regulations as well as the IP enforcement procedures in Vietnam.
Visit these pages for more information about doing business in Vietnam.
To report a market access barrier on IP in Vietnam.
UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region for UK companies looking to enter markets across Southeast Asia including Vietnam.
British Chamber of Commerce in Vietnam provide a variety of business advice, services and support to businesses in Vietnam.
The British High Commission in Hanoi supports UK businesses in Vietnam.