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Vietnam

Vietnam acceded to the Paris Convention for Protection of Industrial Property and Madrid Agreement Concerning the International Registration of Marks since 1949.

Prior to 1975, Vietnam was divided in two. In the North (the former Republic of Vietnam), there was no legal system for Intellectual Property Rights (IPR) protection. In the South, some industrial property rights were recognized and protected, particularly for inventions and trademarks. After the reunification of Vietnam in 1976, Vietnam joined the World Intellectual Property Organization. However, the protection of industrial property rights in the whole country ceased until 1981 when separate ordinances on inventions, utility models, industrial designs and trademarks were issued. The protection was mainly of an administrative nature.

IPR protection has significantly developed since 1986 following the "Doi Moi" (Renovation) policy of economic reform initially through the issue of the Decree on Protection of Industrial Property Rights in 1989. In March 1993, Vietnam acceded to the Patent Cooperation Treaty (PCT).

Vietnam filed an application for admission to the WTO in January 1995 and became an official member in January 2007. WTO admission has pushed Vietnam to amend its laws to bring them in line with international standards, particularly one set out by the TRIPS Agreement (Agreement on trade-related aspects of intellectual property rights). Important laws for IPR protection include:

  • Part Six, Chapter XXXIV, Section 1 of the Civil Code, last amended in June 2005, contains general and basic provisions on intellectual property, including copyright.
  • The Law on Intellectual Property became effective on July 1, 2006, last amended in June 2009, covering all subject-matters of IP protection required by TRIPS
  • A series of Government regulations, including Decrees and Circulars, providing guidance for the implementation of the IP Law.
  • Other related laws: Competition Law (2005), Civil Procedure Code (2005), The Law on Information Technology (2007), Penal Code (last amended in 2009)

Vietnam has also joined a series of IP treaties:

    Berne Convention (in force since October 26, 2004)

  • Brussels Convention relating to the distribution of programme carrying signals transmitted by satellite in force since January 12, 2006
  • Madrid Protocol (in force since July 11, 2006)
  • Geneva Convention on protection for Phonograms (in force since July 6, 2005)
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations in force since March 1, 2007
  • UPOV Convention (plant varieties) in force since December 24, 2006

Local time

Friday, 15 December 2017

Contact us

    Hanoi Office:
  • Address: 5th Floor, Toserco Building
    273 Kim Ma, Ba Dinh
    Hanoi, Vietnam
  • Tel: +84 (24) 3 7 349026
  • Fax: +84 (24) 3 7 349027

  • Ho Chi Minh City Office:
  • Address: 4th Floor, Green Star Building
    70 Pham Ngoc Thach, District 3
    Ho Chi Minh City, Vietnam
  • Tel: +84 (28) 3 8 208676
  • Fax: +84 (28) 3 8 208677