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 30, 2023

Vietnam’s Amended IP Law Changes Requirements for IP Agents

Subscribe to Updates
Managing Intellectual Property

Vietnam’s Law on Intellectual Property was comprehensively amended in 2022 (“2022 IP Law”), and the amended law came into effect (with the exception of a few provisions) on 1 January 2023. Along with amendments of substantive matters, the revised version also touches upon the requirements for providing IP representation (agent) services, at both the organizational and individual level.

Requirements for Organizations

Article 154 of the previous IP Law provided the following conditions for organizations to act as IP representation service organizations:

  1. The organization is a lawfully established and operating law-practicing enterprise, cooperative or organization, or a scientific and technological service organization, except for foreign law-practicing organizations operating in Vietnam.
  2. The organization has the function of providing IP representation services stated in its business registration certificate or operation registration certificate.
  3. The head(s) of the organization or a person(s) authorized by the head(s) of the organization has a certificate for practicing IP representation services.

While the first requirement remains unchanged, the 2022 IP Law has removed the second requirement, and revised the third requirement to be more relaxed. Specifically, the amended provision only requires that there must be at least one individual holding a certificate for practicing IP representation services in each IP representation service organization. (Regarding the second requirement, while it is no longer stated in the IP Law, this does not mean that any organization can practice IP representation services, because this is a conditional business line and only organizations who meet the conditions for providing such services, provided in other legislation, can do business in this field.)

Requirements for Individuals

At the individual level, the law both tightens and loosens the requirements. Under the former law, to be granted a certificate for practicing IP representation services, the individual must:

  1. Be a Vietnamese citizen with full capacity for civil acts;
  2. Reside permanently in Vietnam;
  3. Have a university degree;
  4. Have either directly worked in the field of IP law or conducted examinations for IP applications at national or international IP offices for at least five years, or have completed a training course on IP Law recognized by a state authority;
  5. Not be a civil servant or employee working in a state authority in relation to establishment and enforcement of IP rights; and
  6. Have passed an IP agent examination organized by a relevant authority.

Among the conditions above, the last is the most challenging. It is widely known that it is extremely difficult to pass an IP agent examination in Vietnam, as the pass rate in recent years has typically been lower than 10%. Because of that, through the end of 2022, only 349 individuals had been granted certificates for practicing IP representation services (“IP agents”), and 294 organizations had been permitted to act as IP representation service organizations in Vietnam.

The 2022 IP Law divides IP representation services for individuals into two categories: (i) for inventions, industrial designs or layout designs (“patent agents”); and (ii) for trademarks, geographical indications, trade names, anti-unfair competition and trade secrets (“trademark agents”). The requirements for each category are different.

To become a patent agent, the 2022 IP Law requires that the individual must have a bachelor’s or equivalent degree in natural sciences or engineering (while under the former law, any bachelor’s degree would suffice). The other conditions mentioned above remain unchanged for patent agents. As such, generally, the conditions for patent agent have become more stringent.

The 2022 IP Law maintains the same six conditions for trademark agents as in the old law. However, it has opened another way to become a trademark agent by creating a new set of conditions especially for lawyers. Accordingly, any qualified lawyer who is residing in Vietnam and has completed a training course on IP Law recognized by a state authority could become a trademark agent.

Needless to say, this makes it easier than before for a lawyer to become a trademark agent, as they no longer need to fulfill conditions (iv), and (v). More importantly, condition (vi) – passing an IP agent examination, which is the most difficult condition as mentioned above – has been replaced by a much simpler condition, which is to simply complete a training course on IP law.

Likely Impact of the Changes

When viewing the changes in the requirements for practicing IP representation services at both the organizational level and the individual level, it is now clear that local law firms will benefit the most from such changes. As the law no longer requires the IP agent (or patent/trademark agent) to be the head or authorized by the head of the firm, it will be very easy for a law firm to appoint any of its lawyers to attend a course on IP law (which often can be completed in 6 months and costs less than USD 1,000), and then that lawyer will become a trademark agent, and that law firm will become an IP representation service organization.

Taking into account that there are more than 16,000 lawyers and 6,000 law firms in Vietnam, it is expected that the number of trademark agents and IP representation service organizations will be on the rise in the time to come.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More
July 27, 2026
Tilleke & Gibbins’ intellectual property specialists have authored the Thailand chapter of Trade Secrets 2026 from Chambers and Partners. This global guide examines the legal frameworks governing trade secret protection, enforcement, and litigation across jurisdictions worldwide. The Thailand chapter provides a comprehensive overview of the country’s legal regime for protecting confidential business information, covering the legal framework, trade secret misappropriation, litigation procedures, remedies, and dispute resolution. Some topics covered include: Protectable trade secrets Reasonable measures to maintain secrecy Employee confidentiality Trade secret licensing Civil and criminal remedies Litigation procedures and injunctions Damages and other remedies Mediation and arbitration The guide also examines practical issues relating to safeguarding trade secrets, defending against allegations of misappropriation, and managing trade secret disputes in Thailand. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Trade Secrets 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
Read More
July 27, 2026
In March 2025, Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) issued a landmark judgment in favor of Luckin Coffee, China’s leading retail coffee chain. The judgment marked a significant turnaround following earlier trademark litigation involving Luckin Coffee from 2021 to 2023 that had generated widespread public attention and raised questions about the protection available to legitimate foreign brand owners in Thailand. In a significant subsequent development, Thailand’s Court of Appeal for Specialized Cases has now affirmed the IP&IT Court’s judgment in its entirety. The appellate decision brings clarity to one of Thailand’s most closely watched trademark disputes. Significantly, this is the first case in Thailand to formally recognize the trademark squatting principle. The Court of Appeal confirmed that Luckin Coffee has a better right to the disputed mark and ordered cancellation of the defendants’ trademark registration—a key application of the “better right” doctrine. The court also upheld the substantial damages awarded at first instance, providing important guidance on assessing harm from systematic trademark squatting. Award-Winning Judgment Affirmed in Its Entirety The significance of the first-instance judgment extended beyond the outcome for Luckin Coffee. The IP&IT Court judgment was subsequently recognized in the IP&IT Court’s Distinguished Judgment Awards in 2025, reflecting the complexity, novelty, and legal significance of the issues considered in the case. The defendants nevertheless appealed the judgment, challenging several key aspects of the IP&IT Court’s decision. Luckin Coffee continued to entrust Tilleke & Gibbins as their sole attorney to pursue the case at the appellate level. After considering the defendants’ appeal and Luckin Coffee’s submissions in response, the Court of Appeal affirmed the first-instance judgment in its entirety. The judgment was announced on July 8, 2026. Better Right to the Marks The Court of Appeal confirmed Luckin Coffee’s superior rights. The orders include cancellation
Read More
July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More