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

March 29, 2023

Vietnam Issues Interim Protocols for Handling Applications Under Amended IP Law

Subscribe to Updates

Vietnam’s amended Law on Intellectual Property of 2022 (“Amended IP Law”) took effect on January 1, 2023, with the exception of a few provisions. However, subordinate legal documents (bylaws) providing necessary details and guidance on the new law still have not been issued, leaving some aspects of the law’s implementation in a state of limbo. This has caused a particular challenge for applications for establishing industrial property rights that were filed before January 1, 2023, but remain pending at the Intellectual Property Office of Vietnam (“IP Office”).

While waiting for the official bylaws to be promulgated, the IP Office has issued some internal protocols for handling applications in this interim period.

Partial Grant of Protection Titles

The Amended IP Law mentions, for the first time, the possibility of partial granting of protection titles for industrial property objects. Under the amended Article 118, the IP Office can issue a notice of its intention to grant partial protection to the allowable parts of a patent/design/trademark application. However, as an interim protocol, the intention to partially grant protection has been temporarily put on hold until further guidance is issued.

Security Control on Patents

For patent applications based on Vietnamese inventions, if there are any corresponding patent applications filed overseas, the IP Office will suspend the examination until the official new bylaws on security control are provided.

Applications for Designs which Are Not Visible During Use

The IP Office imposes a specific mechanism on design applications filed from August 1, 2020, until January 1, 2023, in which the designs are not visible during the exploitation of the utility of complex products. Accordingly, even if a notice of intention to grant was issued but there was no decision on granting by January 1, 2023, the IP Office will issue a new notice on the intended rejection, indicating that the design will be rejected because the design is not visible for the applicant’s response. This means that the prosecution will be prolonged, or even have a negative result.

Suspension of Trademark Applications

Upon the applicant’s request, the IP Office will suspend the substantive examination procedures for trademark applications until cancellation or invalidation actions against cited marks have been completed.

Registrability of Marks Provisionally Refused Based on Expired Marks

The Amended IP Law, under Article 74.2(h), reduced the time an expired mark can be used to block the registration of a later-filed trademark from five years to three years, presenting an interesting issue for applications that were already in the examination process when the Amended IP Law took effect. To address this situation, the IP Office has introduced the following interim protocol:

For applications filed prior to January 1, 2023, for which a decision on refusal has not yet been issued, if the IP Office issued a notification of substantive examination results citing only marks expired for more than three years to provisionally refuse the applicant’s mark, it will issue a replacement notification on the intention to protect the applicant’s mark if (i) the applicant failed to file a response to the intended refusal before the three-month deadline or (ii) the three-month deadline has not yet passed and the applicant has not filed a response.

If the notification of substantive examination results cited marks expired for more than three years along with other grounds to provisionally refuse the applicant’s mark, the IP Office will issue a refusal decision if no response was filed within the three-month deadline. If a response was filed, the IP Office will review the response to issue a decision on settlement of the case in accordance with the Amended IP Law and the currently available bylaws. In this case, prior marks expired for more than three years will be removed when the IP Office assesses the registrability of the applicant’s mark.

For other provisional refusals on grounds of Article 74.2(h) of the Amended IP Law, when prior marks expired for less than three years are cited (with or without other refusal grounds), the IP Office will continue to review and settle the cases in accordance with the Amended IP Law and the currently available bylaws.

For Applications Filed After January 1, 2023

For applications for establishing industrial property rights filed after January 1, 2023, but before the decree guiding the implementation of the Amended IP Law is promulgated, the protocol is to handle the examinations in accordance with the currently available decrees and circulars in the IP field, which were written to guide the previous version of the law. However, if any provisions in these decrees and circulars are contrary to the provisions of the Amended IP Law, then the provisions of the Amended IP Law will still be applied.

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