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 1, 2019

Newly Signed EU-Vietnam Free Trade Agreement to Improve IP Protection in Vietnam

Subscribe to Updates

On June 30, 2019, in Hanoi, representatives from the European Union and Vietnam officially signed the historic EU-Vietnam Free Trade Agreement (EVFTA), a comprehensive and mutually beneficial agreement in which thoughtful consideration was given to the development gap between the two parties. The ambitious agreement includes a number of provisions on intellectual property, which we discuss below.

Patent

Patent Law Treaty: Under the EVFTA, each party will simplify and develop its patent registration procedures using, inter alia, the multilateral Patent Law Treaty (PLT) as a reference point, though to date neither Vietnam nor the EU are contracting states of the PLT. This regulation is considered reasonable for both parties to develop their patent regimes in the same direction. Accordingly, it is anticipated that Vietnam’s IP Law as amended in the future will be affected by the PLT.

Patent Term Extension/Restoration: As set out in the EVFTA, for the first time, when a patent owner suffers from unreasonable delays from an authorized office while requesting marketing authorization, the member countries will have to adjust the patent term to make up for such delay. As Vietnam has been cited as having “concerning marketing approval delays” for human drug products, it is certain that the regulations will be amended/supplemented to add a mechanism under which patent protection for human drugs may be extended beyond a 20-year term.

Design

The Vietnam design system is an examination system, and the scope of design protection is quite narrow at present. For example, for a normal design, seven basic views must be submitted and partial designs (inseparable parts of products) are not protected. Under the EVFTA, there will likely be many changes.

The Hague Agreement: Vietnam must participate in the Geneva Act (1999) of the Hague Agreement within two years from the date when the EVFTA takes effect. Vietnam has recently taken steps to prepare for participating in this agreement, so participation is expected to be concluded soon. When participating in this agreement, applicants will benefit from, for example, having more options, and requirements are more flexible.

Partial designs: Under Article 12.35.1, Footnotes 7 and 9 of the EVFTA, it should be understood that Vietnam will protect partial designs. Vietnam currently protects only whole designs (the whole product or a separable part/component of a product); the protection of partial design has been a controversial topic for many years. If Vietnam protects partial designs, it will be more favorable to the application of the Hague Agreement.

Visibility: According to the EVFTA, for designs of components of a complex product, only designs and features of designs that are visible during normal use of the product are protected. Normal use excludes maintenance, service, or repair work. This provision is similar to the regulations of the EUIPO on designs. Vietnam has issued corresponding regulations on visibility of designs. Nevertheless, the protection of visible features should be clarified, either by new laws or by changes in practice.

Protection of designs as copyrighted works: According to the EVFTA, a design is also eligible for protection under the laws on copyright as from the date on which the design was created or fixed in any form. Vietnam’s current IP Law generally meets the EVFTA regulations; however, there are some gaps. For example, the laws are silent as to the level of originality required for a work to be eligible for protection.

Trademark

Among the few trademark issues raised by the EVFTA, the most notable is the concept of “genuine use,” which is an international standard but is absent from Vietnam’s current IP Law. Specifically, the EVFTA requests the parties to provide that a registered trademark will be liable to revocation (termination) if, within a continuous period of five years prior to a request for revocation, it has not been put to genuine use by its owner or the owner’s licensee in the relevant territory in connection with the goods or services in respect of which it is registered, without justifiable reasons, except where the use is commenced or resumed at least three months before the request for revocation.

As Vietnam’s current IP Law does not specifically mention the scale or type of use required to defend a mark from a non-use cancellation action, many marks survive the non-use action based on some token use only. The introduction of this requirement may help to clear the register from marks that are not genuinely used by the mark owners.

Further, the EVFTA also sets out a requirement that the parties may provide that a trademark can be subject to revocation if, after the date on which it was registered, it has become, as a result of acts or inactivity of the proprietor, the common (generic) name in the trade for a product or service in respect of which it is registered. While such revocation/termination is not a rare occurrence in Vietnam, the IP Law does not specifically mention this possibility for revocation. The EVFTA’s requirement on this matter is helpful to formalize the practice and provide more certainty in legal action for the interested parties.

Geographical Indications

According to Annex 12A of the EVFTA, 171 EU GIs and 39 Vietnamese GIs have been protected without going through the standard registration process. However, in general, a geographical indication (GI) must pass a standard registration process with the Vietnam Intellectual Property Office to be protected in Vietnam.

Such protection may be rejected if there is a homonymous GI which may mislead consumers. Although Vietnam has the right to decide on the conditions in which homonymous GIs are considered different from each other, the current regulations are silent on this issue.

The EVFTA also provides a grandfather clause for certain GIs for cheese and wine, which shows the effort to harmonize the rights of stakeholders from different jurisdictions.

Enforcement of IP Rights

In general, the EVFTA sets out a higher standard for IP enforcement for Vietnam. For example, the EVFTA requires the active involvement of customs authorities in targeting and identifying shipments containing imported/exported goods suspected of infringing IP rights. Although the current IP Law does not have any conflict with this provision under the EVFTA, at present, IP rights holders typically need to be proactive to ensure the full involvement of the customs authorities.

The EVFTA also requires customs authorities to cooperate with rights holders, including allowing the provision of information for risk analysis, which is not yet mentioned under the current IP Law. In addition, there are numerous enforcement issues raised by the EVFTA which will require the IP Law to be amended and supplemented to be compatible with the EVFTA, such as the application of provisional measures, and presumption of authorship or ownership.

Outlook

Vietnam is engaging in a major project of reviewing the results of implementation of the 2005 IP Law with an eye on a comprehensive amendment of this law in the near future. It is expected that the changes mentioned above will be included in the potential amended IP Law in 2020 as the result of the review project.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

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
April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More