You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 10, 2020

Interim IP Provisions Introduced Under EU-Vietnam Free Trade Agreement

Subscribe to Updates

The EU-Vietnam Free Trade Agreement (EVFTA) was ratified by Vietnam’s National Assembly on June 8, 2020, under Resolution No. 102/2020/QH14 (Resolution 102), and will take effect on August 1, 2020. Among the IP provisions in the EVFTA (Chapter 12), some will be applied directly upon the effective date of the agreement, without any changes to the current domestic laws and regulations, while others will be applied via the amendment of the IP Law. Until the amended IP Law is issued (which is expected to occur in 2021), temporary provisions from the EVFTA will be directly applied.

The latter are listed in Annex 3 to Resolution 102, and include the following:

1. Patent

Thanks to the EVFTA, Vietnam will for the first time have a mechanism to compensate pharmaceutical patent owners for the reduction in effective patent life resulting from unreasonable delays in the granting of the first marketing authorization (MA).

Resolution 102 details the form of compensation applicable in Vietnam from August 1, 2020, in which the fee for using a protected invention in the delay period will be waived. However, within 12 months from the issuing date of the MA, the patent owner must provide the Vietnam IP Office with a written confirmation on unreasonable delays issued by the Drug Administrative of Vietnam (DAV). According to Resolution 102, a delay is recognized if there is no feedback/opinion from the DAV on a submitted MA dossier more than 24 months after the submission date.

This is very good news for patent owners. However, this compensation is only a bonus measure, rather than an aid to overcome the gap between the EVFTA provisions and the IP Law on this issue. The EVFTA recommends compensation in the form of a patent term extension, rather than monetary compensation as Resolution 102 stipulates.

2. Design

Under the current IP Law, a design is defined as “the external appearance of a product expressed in shapes, lines, colors or any combination thereof.” As from the EVFTA’s effective date of August 1, 2020, the definition will be changed to “the external appearance of a finished product or a component for assembling a finished product. The external appearance is expressed in shapes, lines, colors or any combination thereof and is visible during use of the product.” [The changes are underlined.]

Briefly, provisions of the EVFTA require that for the design of a component of a product to be registrable for protection, it needs to be visible in the state when it is assembled in the finished product. According to the current regulations in Vietnam, a component of a product is considered to be a product and, therefore, it is usually visible. The above change is to differentiate a finished product from a component of a finished product, and then add a requirement that the component must be visible when assembled, to comply with the EVFTA.

3. Trademark

Under the current law, to stop the use of a registered mark that may mislead the public as to the nature, quality, or geographical origin of the goods or services bearing the mark, an invalidation action must be carried out, on the grounds that such trademark did not meet protection requirements at the time registration/protection was granted. However, the time limit for such invalidation action is only five years from the grant date. Once the time limit has expired, it is not possible to invalidate the mark.

In addition, the above invalidation action can only be applied if the misleading use had already occurred at the time of registration of the mark. If the misleading use occurred only after the mark’s registration, there are no legal grounds to request revocation of such mark.

Now the EVFTA has filled in this gap by providing that “any use of a registered trademark by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered that is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services shall make the trademark liable to revocation or alternatively be prohibited by relevant domestic law.”

As such, a revocation action can be carried out at any time during the valid term of the registered/protected trademark; and even if the mark did not mislead the public at the time of its registration, if its subsequent use can mislead the public, revocation is possible. This provision is helpful not only to protect consumers’ rights, but also to alert trademark owners about the appropriate use of their registered marks.

The above provision will be applicable as from the effective date of August 1, 2020, until the IP Law is amended to domesticize such provision.

For more details on the EVFTA’s IP provisions, please contact us at [email protected].

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

May 13, 2026
Laos has significantly broadened its industrial property administrative review framework, most notably by extending it to cover copyright and related rights for the first time. Decision No. 0306/IC on the Administrative Resolution of Disputes Concerning Industrial Property Registration, New Plant Variety Registration, and Copyright and Related Rights Recordation took effect on April 24, 2026, replacing the previous rules from 2023, which had covered only industrial property and new plant variety matters. Decision No. 0306/IC governs how Laos’ Department of Intellectual Property (DIP) and provincial offices handle formal challenges to industrial property registrations and applications. The proceedings covered include oppositions to pending applications, appeals of refused applications, requests for cancellation of existing registrations, and—newly—disputes concerning the recordation and interpretation of copyright and related rights. These administrative proceedings within the DIP are heard by a government-appointed Administrative Dispute Resolution Committee, which functions similarly to the opposition and review boards found in other jurisdictions. Key Changes Decision No. 0306/IC covers four categories of administrative proceedings: Oppositions: Third-party challenges to a pending industrial property application before it is granted. Refusal appeals: Challenges to the DIP’s decision to refuse their application. Cancellation or deletion requests: Applications to invalidate an existing registered right on the grounds that it should not have been granted. Copyright and related rights disputes: Challenges to or interpretations of copyright and related rights recordations, including determinations of whether a work qualifies for copyright protection under Lao law. The most significant development is the committee’s new jurisdiction over copyright matters. The committee is now empowered to resolve disputes concerning copyright and related rights recordation—this includes the authority to determine whether a work qualifies for copyright protection and to interpret the scope of an existing recordation. Parties who believe a competitor has improperly recorded copyright over a work, or who wish to contest
Read More
April 30, 2026
Vietnam’s Decree No. 134/2026/ND‑CP, which took effect on 9 April 2026, plays an important role in detailing and implementing Vietnam’s Intellectual Property (IP) Law in the context of rapid digital transformation and the growing application of artificial intelligence (AI). The new decree provides comprehensive guidance on the application of copyright and related‑rights regulations, addressing key issues such as authorship, ownership, statutory exceptions and limitations, registration procedures, and enforcement mechanisms. Through these measures, Decree 134 seeks to achieve an appropriate balance between safeguarding the legitimate interests of rightsholders and fostering innovation, research, and technological advancement, thereby strengthening the state’s framework for the effective management, protection, and exploitation of intellectual property in the digital and AI‑driven environment. Some notable aspects of Decree 134 are discussed below. Copyright for AI-Created Works Decree 134 provides important guidance on the determination of copyright and related rights in works created with the assistance of AI. Article 5a reaffirms the principle that human creativity remains central to copyright protection, clarifying that copyright or related rights arise only where a human makes a substantial and decisive intellectual contribution, exercises effective control over the creative outcome, and assumes responsibility for the content and its legality. At the same time, the provision confirms that AI is regarded solely as a technological tool rather than a rights‑holding subject, thus ensuring consistency with the fundamental concepts of authorship and ownership under the IP Law. By introducing requirements on transparency, proof of human contribution, and compliance with AI‑specific labelling and technical marking obligations, Decree 134 establishes a clear and enforceable legal framework for the responsible use of AI in creative activities. Lawful Use of Copyrighted Texts and Data Article 37a of Decree 134 sets out the specific conditions under which copyrighted texts and data may be lawfully used for scientific research, experimentation,
Read More
April 29, 2026
Across the region, local brands have become key drivers of economic growth, cultural identity, and innovation, and Myanmar is no exception. From traditional products and creative industries to modern startups and small and medium‑sized enterprises (SMEs), Myanmar’s local brands are increasingly shaping domestic markets. However, as local brands grow, they also face higher risks of imitation, misuse, and unfair competition. In this context, protecting brand identity, creativity, and innovation through proper intellectual property (IP) strategies is essential to ensure that Myanmar’s homegrown businesses can grow sustainably, compete confidently, and retain the value of what they create. The Key IP Laws for Local Brands In 2019, Myanmar enacted a comprehensive suite of four IP laws, aligning the nation’s IP enforcement framework with international standards. Trademark Law 2019: This law introduced the “first-to-file” system into the country, with trademark rights primarily obtained through registration with the Intellectual Property Department (IPD). Trademarks protect brand names, logos, and other signs that distinguish goods or services. Registration grants the exclusive rights to use the mark and to prevent others from using identical or confusingly similar marks. Each registration lasts for 10 years from the filing date and can be renewed for subsequent 10-year periods. Copyright Law 2019: Copyright, which arises automatically upon creation, protects literary, artistic, musical, and audiovisual works, including software, advertisements, artwork, and social media content. While registration with the IPD is not mandatory under this law, it can be helpful for establishing evidence and supporting any future enforcement. The terms of protection for economic rights associated with copyrights vary depending on the type of work involved. In contrast, the protection for moral rights lasts indefinitely—continuing even after the author’s death. Industrial Design Law 2019: Under this law, any industrial design that is new and independently created can be filed with the
Read More
April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners
Read More