On April 1, 2026, the Revised IP Law will come into force and is designed to speed up the registration process under the existing laws and address current issues while enhancing the level of intellectual property rights protection (especially in terms of protection in a digital setting) and establishing a policy direction that recognizes intellectual property (IP) as a commercial asset with value, that can be transacted and financed.
Key changes introduced under the Amended IP Law are summarised below.
General
Intellectual property as a bankable asset
The Amended IP Law recognises IP (including trademarks and copyright) as assets that may be valued, recorded, transferred, licensed and used as collateral. More detailed guidance on accounting treatment, valuation methodologies and disclosure requirements is expected to be issued by the government.
Artificial intelligence and digital transformation
The Amended IP Law addresses the principles for determining IP rights in cases where protected subject matter is created with the use of an artificial intelligence (AI) system. Although further detailed guidance is yet to be provided by the government, the Amended IP Law confirms that the basic principles under the existing IP Law for determining rights over traditional subject matter will continue to apply.
The Amended IP Law also expands statutory exceptions by permitting the use of lawfully published and publicly accessible documents and data for scientific research, testing and AI training, provided that such use does not unreasonably prejudice the legitimate rights and interests of authors and IP right holders. For copyrighted works and related rights, such use remains subject to further government regulations.
Resolving conflicts between overlapping rights
Where overlapping IP rights exist, a later-arising right may be terminated if its exercise interferes with the normal exploitation of an earlier right. The authority to order termination of a later right rests with the court.
Temporary suspension of substantive examination
The Amended IP Law clarifies circumstances in which the Intellectual Property Office of Vietnam may suspend substantive examination of industrial property applications, including:
- upon the applicant’s request for invalidation or cancellation of a registration cited against the application. Substantive examination may resume once an invalidation or cancellation is resolved; and
- upon receipt of a court notice relating to a lawsuit filed by a third party concerning the right to register an industrial property object or a trademark alleged to have been filed in bad faith. Examination may resume once the court’s judgment or decision has taken legal effect.
Copyright
The Amended IP Law expressly excludes ideas, slogans and titles of works from subject matter eligible for copyright protection.
In addition, the copyright authority is empowered to proactively invalidate copyright registration certificates upon discovering inaccurate, false or misleading information in an application, without the need to wait for a third-party request.
Trademarks
Clearer and more relaxed formality requirements for powers of attorney
The Amended IP Law clarifies that notarisation and legalisation are not required for powers of attorney authorising Vietnamese representatives to file appeals on behalf of foreign individuals not residing in Vietnam or foreign organisations without a commercial presence in the country.
The Law further clarifies the default duration of authorisation by reference to the Civil Code where a power of attorney does not specify a term – namely one year from the date of authorisation.
Shortened timelines for handling trademark applications
The time period in which trademark applications may be subjected to a substantive examination (i.e., to determine if the mark can be registered) is now only five months from the date of publication of the application (compared to nine months under prior legislation).
The time period in which an individual or entity may file a Notice of Opposition to a trademark application has also been shortened from the previous five-month statute of limitations to only three months following the publication date of the application.
Industrial designs
Recognition of partial and non-physical industrial designs
Industrial design protection has been expanded to encompass partial designs and non-physical designs, including graphical user interfaces. This expressly extends protection to product parts that are not independently commercialised, as well as to digital or intangible product appearances. The Amended IP Law further confirms that the external appearance of non-physical products qualifies as an industrial design, and that the distribution of digital copies of any part thereof constitutes use of the industrial design.
Preservation of novelty against unauthorised disclosure
The Amended IP Law clarifies that an industrial design will retain its novelty even if disclosed through applications or registrations published by a competent authority, provided that publication was unlawful or originated from a party not entitled to file.
Shortened timelines for handling industrial design applications
The period allowed to complete the substantive review of a design application has been reduced by two months (from 7 months under the old rules), making the current deadline 5 months. Similarly, the formal opposition period will now end 1 month earlier (after 3 months instead of 4).
Enforcement
Enhanced responsibilities of intermediary service providers and digital platform operators
Intermediary service providers and digital platform operators are required to implement appropriate technical and organisational measures to protect IP rights in cyberspace, in accordance with the laws on intellectual property, e-commerce and cybersecurity, and other relevant regulations.
Additional online enforcement measures have been introduced to address digital IP infringements more effectively. Courts are now expressly empowered to order the removal, deletion or disabling of infringing content, accounts, websites and applications.
Increased statutory damages
The cap on material damages, applicable where actual losses cannot be determined, has been doubled to 1 billion dong (approximately US$40,000), from the previous cap of 500 million dong (approximately US$20,000). The Amended IP Law also provides a more practical basis for determining moral damages arising from IP infringement.
Expanded scope of administrative violations
‘Storage’ of counterfeit goods has been added as an administrative violation under the Amended IP Law, alongside production, importation, transportation and sale.
In summary, the amended Intellectual Property Law reflects a shift in policy to a more coherent and efficient approach to Intellectual Property as an economic asset — including more rapid prosecution processes and additional protections for rights holders of Intellectual Property in a transformed economy. Intellectual Property rights holders must remain vigilant for future regulations that provide more clarity as to practical changes resulting from these recent amendments to the Intellectual Property Law.
