Intellectual Property In Vietnam // Copyrights, Patents, Trademarks, And IP Registration In Vietnam Complete Guide
Embarking on the manufacturing journey in Vietnam opens a gateway to a realm where safeguarding intellectual property rights (IPR) isn't just a practice; it's a commitment. Vietnam stands at the forefront of IPR protection, actively participating in several global conventions and agreements. These include the prestigious Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the vital Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
But here's where it gets intriguing: when it comes to product manufacturing, having a robust strategy to protect your IPR in Vietnam is crucial. Why? Because the landscape of IPR protection in Vietnam can be quite different from that of other countries. To navigate this landscape, it's essential to understand that rights need to be registered and enforced under Vietnamese laws. Vietnam operates on a key principle that's vital to grasp—the "first to file" principle for patents.
The National Office of Intellectual Property (NOIP) administers these industrial property rights. Additionally, the Copyright Office of Vietnam (COV) oversees copyright protection. Vietnam's IP legislation encompasses most facets of IP protection, which is commendable. However, there's always room for growth. The enforcement mechanisms are evolving, and there's a growing need to enhance awareness about the significance of IPR protection among Vietnamese consumers.
As we delve deeper into the manufacturing world in Vietnam, understanding and leveraging these aspects of IPR will protect your innovations and pave the way for a more secure and prosperous business venture.
At Cosmo Sourcing, we take intellectual property seriously and protect our clients' designs and patents. This guide will show you how long different intellectual property registries last in Vietnam and how to protect your product when manufacturing. Use it as a starting point if you're considering making a sizable investment and manufacturing your Vietnam product.
NOTE: Copyright infringement is now a major criminal offense in Vietnam. The Vietnamese government ratified a law on January 1st, 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 works with UK-based consultancy Pugatch Consilium to develop maps of the 53 largest economies that produce more than 90% of the world's GDP and rank each country based on protective metrics such as copyrights, trademarks, patents, enforcement, international treaty ratification, and more.
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, while 36 is the average, including major European and North American economies.
Vietnam currently ranks 18th out of 35. However, the big breakthrough was in 2018 when Vietnam jumped 5.93 percentage points on the index after the government introduced 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, government enforcement framework, and penalties for commercial infringement. The government is expected to pass more legislation to protect foreign investors in Vietnam in the future, so we will update this guide with new information.
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 investing billions of dollars in the country. In addition, this IP strategy is expected to help the country's economy by attracting new large corporations 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 23rd, 1981, Vietnam first announced "Decree 31/CP," which was 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 an innovative step in stimulating new inventions and helping 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 up by another act called "Decree 200-HDBT", issued in 1988. This act was the first time the government started issuing protections for utility solutions and granted 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 industrial property were then exclusively considered property and objects of property. The country reaffirmed this in the 1995 Civil Code. In addition, the largest International Property Law of Vietnam (released in 2005) stated that legal provisions of IP protections in Vietnam conform with 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 June 2019 provision amended 11 key points of supplementation related to 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 change domestic IP laws as they see fit, and they 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 IP laws on your partner suppliers.
Intellectual Property Types In Vietnam: Top 4
Many different intellectual property types can be registered in Vietnam. The IP property has to be registered independently. Use the chart below to determine your rights and how long IP protection types last. If you have an innovative product, you can protect the brand name/logo, the design, the internal functioning/engineering (or everything at once).
Most foreign corporations operating in Vietnam protect their designs sufficiently. 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 copyright its "Nike" brand name or logo. In addition, copyrights are frequently used for creative written and published designs/content.
02_Patents in Vietnam
Patents are advanced forms of intellectual property rights that protect commercial inventions. 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 for 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 certain tagline/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 his 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 others would recognize your rights to a product or a brand if someone were to steal them 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 ripped off 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 the patent is an international novelty and that you can apply it in several technological, social, or economic fields.
Expiry Date
Innovative patents expire within 20 years, starting from 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. In addition, the trademarks have to be in color and 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) Protectins 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 - 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
Design (layout/circuit) expires within ten years from the day of issue and then extends ten more 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/territorial origin.
Expiry Date
Geographic indicators last indefinitely from the date of the issue.
Trade Name(s) In Vietnam
Requirements
Trade names, such as 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 legislation set 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): The registration has to be made in Vietnam. We recommend taking it further if you own industrial designs and apply them under the “Patent Cooperation Treaty,” which is equally cheap and easy.
Trademark registration in Vietnam (all brand names, taglines, etc.)
You can apply for registration directly in Vietnam. An alternative is to employ the Madrid Protocol and gain international rights under 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/software to Vietnam, Vietnam will protect your products as long as you register with the National Copyright Office in Hanoi.
Patents In Vietnam // Overview
Vietnam’s patent registration differs from 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” means if two inventors file for an identical invention, the first inventor to apply gets the patent.
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 the trademark and can 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 settled this way.
Sanctions. Government bodies can sanction suppliers/partners who steal 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. The customs continuously monitor counterfeit/pirated goods and 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 only companies that can find suppliers in China and Vietnam. Pick the one you think is best.
Our Vietnam Sourcing services allow you to access new manufacturers that you would not be able to in China and avoid Tariffs. Our services are designed to do everything to take your idea, turn it into a product, and ship it to the final destination. Cosmo can do everything from creating a product spec sheet to validation, sourcing, ordering, and evaluating samples, arranging inspections, finding freight forwarders, quality assurance, negotiations, 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 part of your business in China and Vietnam so you can focus on the rest of 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.