When pursuing an IP enforcement case in Vietnam, rightsholders will often be advised by counsel of the need to obtain a “VIPRI opinion” as a first step. VIPRI (Vietnam Intellectual Property Research Institute), a quasi-governmental organization, is the only agency in Vietnam authorized to provide expert opinions (statutorily known as “assessment conclusions”) on IP infringement.A Useful Enforcement Aid

Leading intellectual property practitioners from Tilleke & Gibbins have contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters of the Lex Mundi ASEAN Intellectual Property Guide: Overview of Regulatory Framework for Patent and Trademark Protection in the ASEAN Countries. The guide provides a Q&A-style overview of patent and trademark protection and compares relevant laws and procedures from throughout the ASEAN region.

On June 19, 2018, Vietnam’s prime minister issued Directive No. 17/CT-TTg on strengthening the fight against smuggling, commercial fraud, and the production and trade of fake goods and low-quality goods for pharmaceuticals, cosmetics, and functional foods (Directive 17). Directive 17 states that, while tens of thousands of cases have been discovered and handled, the situation still needs improvement, as infringers are using more complex methods and are located not only in urban areas, but also in many remote regions.

On May 25, 2018, the new Law on Intellectual Property No. 38/NA, dated November 15, 2017 (the “New IP Law”), was officially published on the electronic Lao official gazette. The New IP Law will be effective 15 days after its publication. The New IP Law replaces the Law on Intellectual Property No. 01/NA, dated December 20, 2011.