Current Intellectual Property Law in Vietnam - Tran Tran Law

In the era of the knowledge economy and the explosion of breakthrough technologies such as Artificial Intelligence (AI), Blockchain, and Big Data in 2026, intellectual property has become the most important strategic asset for every organization and individual. The current Intellectual Property Law is not only a tool to protect creative achievements but also a launchpad for the sustainable development of businesses in the international market.

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This article is synthesized and analyzed in-depth by the team of lawyers and consultants at Tran Tran Law—an entity with over 13 years of practical experience in the field of intellectual property since 2013. We provide a comprehensive view of the current legal system, breakthrough new points, and guidance on the most optimal implementation roadmap for businesses.

1. The Current Intellectual Property Legal System in Vietnam

The legal system on intellectual property (IP) in Vietnam in 2026 is built on the inheritance of the 2005 IP Law and important amendments to maintain compatibility with international commitments in new-generation free trade agreements such as CPTPP, EVFTA, and RCEP.

1.1. Core Legal Documents

Intellectual Property Law No. 50/2005/QH11: This is the original document regulating basic issues regarding copyright, industrial property rights, and rights to plant varieties.
Law No. 07/2022/QH15: This is the most significant amending and supplementing document, which took effect on January 1, 2023, creating a turning point in the establishment and enforcement of IP rights in Vietnam. This is also the core content that businesses need to master in 2026.
Consolidated Document No. 11/VBHN-VPQH of 2022: This is a legal document synthesizing all contents of the IP Law from 2005 to the latest amendments in 2022, helping users search for effective regulations conveniently and accurately.

1.2. System of Implementation Guidelines (Decrees and Circulars)

To implement the IP Law in detail, the Government and Ministries have issued a system of detailed guiding documents, especially new decrees issued from 2023 onwards:

Decree 65/2023/NĐ-CP: Detailed instructions on the implementation of the IP Law regarding industrial property aspects, including the process of filing, examination, and management of rights for trademarks, inventions, and industrial designs.
Decree 17/2023/NĐ-CP: Detailed regulations on copyright and related rights, focusing on the protection of works in the digital environment.
Decree 13/2023/NĐ-CP: Regulations on personal data protection, which are closely linked to trade secrets and data in intellectual property.

2. Breakthrough Changes in the Current Intellectual Property Law

The current IP Law (focusing on the 2022 amendments) has brought fundamental changes to adapt to the Industrial Revolution 4.0.

2.1. Protection of Sound Trademarks

The current IP Law has officially recognized and protected sound trademarks. This is a major step forward helping businesses protect jingles and characteristic brand sounds, which are becoming popular on digital platforms. To be eligible for protection, the sound must be expressed in a graphical format (such as a spectrogram or musical score) and be capable of distinguishing goods and services.

2.2. Copyright Protection Mechanism in the Digital Environment

One of the key points of the current law is the clear regulation of the responsibility of Intermediate Service Providers (ISPs).

ISP Responsibility: Network service providers must have coordination procedures to remove copyright-infringing content upon receiving a valid notice from the owner.
“Notice and Takedown” Mechanism: The law establishes a specific roadmap for handling online violations, helping to protect the rights of authors in real-time.

2.3. Industrial Design of Product Components

The current law allows for the registration of protection for the industrial design of a component of a product. Previously, protection was usually only applied to the complete finished product. This new regulation helps protect specific design details, preventing competitors from copying small individual parts to assemble into other products.

2.4. Compensation for Patent Term Due to Delays in Marketing Authorization

For the pharmaceutical sector, the IP Law supplements regulations on not charging effective maintenance fees or compensating the protection term if the pharmaceutical marketing authorization process at state management agencies is delayed. This is an effort to encourage research and development activities in the medical and pharmaceutical industry.

3. The Three Main Pillars of the Current Intellectual Property Law

To understand how the law operates, individuals and organizations need to clearly classify three main groups of rights:

3.1. Copyright and Related Rights

Subject of Protection: Literary, artistic, and scientific works; lectures, speeches; cinematographic works, photographic works, and computer software.
Establishment Mechanism: Copyright arises automatically from the moment the work is created and expressed in a certain material form, without mandatory registration.
Benefits of Registration: Although rights arise automatically, registration at the Copyright Office of Vietnam helps the owner have strong legal evidence in infringement disputes.

3.2. Industrial Property Rights

This is the most important group of rights associated with the business activities of an enterprise:

Inventions (Patents): Technical solutions in the form of products or processes to solve a specific problem.
Trademarks: Signs (words, images, sounds) used to distinguish the goods or services of different entities.
Industrial Designs: The external appearance of a product expressed through shapes, lines, and colors.
Trade Secrets: Information obtained from intellectual investment activities, which is confidential and provides a competitive advantage.

3.3. Rights to Plant Varieties

Regulations on the protection of new plant varieties that are selected, created, or discovered and developed, ensuring compliance with international standards of the International Union for the Protection of New Varieties of Plants (UPOV).

4. Intellectual Property Rights Establishment Process in 2026

In 2026, the rights establishment process has been significantly modernized through an online management system.

4.1. The “First to File” Principle

Current law prioritizes ownership rights for the person who files the registration application earliest among those with identical applications for trademarks, inventions, or industrial designs. Even a one-day delay can cause a business to lose ownership rights to its dedicated assets to a competitor.

4.2. Standard Registration Roadmap

Search and Evaluation: This is the most important step to check the novelty and distinctiveness of the subject intended for protection.
Drafting and Filing: Prepare the dossier according to the forms regulated in Decree 65/2023/NĐ-CP.
Formality Examination: The Intellectual Property Office (IP Vietnam) checks the validity of the application regarding paperwork and fees.
Substantive Examination: In-depth evaluation of protection standards according to legal regulations.
Grant of Protection Title: Issuance of the Registration Certificate and recording in the National Register.

5. Intellectual Property Rights Enforcement: Violation Handling Measures

The current law establishes a multi-layered mechanism to protect the interests of the owner:

5.1. Administrative Measures

This is the most common measure in Vietnam due to its speed. Functional agencies such as Market Management, the Inspectorate of the Ministry of Science and Technology have the right to suspend infringing acts, confiscate evidence, and fine individuals and organizations for violations.

5.2. Civil Measures

IP rights owners can file lawsuits in Court to request:

Termination of infringing acts.
Public apology and rectification.
Compensation for damages (including material and spiritual damages, and attorney fees).

5.3. Criminal Measures

For acts of copyright infringement or industrial property infringement regarding trademarks or geographical sản phẩm on a large commercial scale, performed intentionally, prosecution agencies can pursue criminal liability according to the provisions of the Penal Code.

6. Why Businesses Need Support from Professional Organizations?

Self-executing IP procedures often hide many risks due to the complex technical and legal nature of the dossier.

6.1. Practical Experience of Trần và Trần

Established in September 2013, Tran Tran Law has accompanied thousands of individuals and organizations in protecting intellectual property. We possess a team of highly qualified experts with deep understanding of industries ranging from biotechnology and pharmaceuticals to telecommunications and electronics.

6.2. Comprehensive Services in Vietnam and Southeast Asia

We provide end-to-end solutions:

Search, registration, and enforcement of IP rights in Vietnam.
Expansion of protection in potential markets such as Laos, Cambodia, Myanmar, and Thailand.
Strategic advice on IP asset management, valuation, and technology transfer.

7. Conclusion and Advice for Businesses in 2026

The current Intellectual Property Law is a solid foundation for businesses to protect their core values. In 2026, information transparency and the speed of rights establishment are the deciding factors for success or failure.

Advice from Experts:

Register for protection as soon as an idea or a new brand is formed.
Always perform an in-depth search on the IPPlatform or WIPOPUBLISH systems before investing in production and business.
Coordinate with reputable industrial property representative organizations to be advised on the safest and most cost-effective protection roadmap.

Contact Information and Specialized Consultation

If you are facing difficulties in understanding the provisions of the current Intellectual Property Law or need to perform registration procedures, please contact us immediately:

Email: ip@trantran.vn
Address: P802, Talico Building, No. 22 Ho Giam Street, Quoc Tu Giam, Dong Da, Hanoi
Hotline: 024 3732 7466
Office Hours: 8:00 AM – 18:00 PM