In the era of the knowledge economy and the global explosion of Artificial Intelligence (AI) in 2026, “intellectual capital” has become a resource more valuable than natural resources or financial capital. For any business, holding industrial property rights is not merely a legal procedure; it is a vital survival strategy to protect core competitive advantages.
The following article is compiled and analyzed by the legal expert team at Trần & Trần—a reputable industrial property representative organization with a journey starting in 2013. We aim to provide readers with the most optimal roadmap for establishing and protecting intellectual assets within the modern legal framework.
1. What are Industrial Property Rights?
According to the Consolidated Intellectual Property Law of 2026, industrial property rights are the rights of organizations and individuals to inventions, utility solutions, industrial designs, semi-conductor integrated circuit layout designs, trademarks, trade names, geographical indications, and trade secrets created or owned by them, as well as the right to prevent unfair competition.
1.1. The Essence of Industrial Property Rights
Unlike copyright (which arises automatically once a work is fixed in a tangible form), industrial property rights, for the most part, are only established based on a decision to grant a protection title by the competent state authority (The Intellectual Property Office of Vietnam – IPVN). This is an exclusive right, allowing the owner to prevent any unauthorized use by third parties within a specific territory and for a fixed term.
1.2. Distinguishing Industrial Property from Other IP Types
To avoid confusion, businesses need to distinguish between the three main branches of Intellectual Property:
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Industrial Property Rights: Focus on objects with industrial and commercial applications (Logos, machinery, product shapes).
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Copyright: Focus on artistic and academic values (Articles, songs, software code).
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Plant Variety Rights: Focus on newly bred plant varieties.
2. Objects of Industrial Property Rights in 2026
By 2026, the list of protected objects has been expanded and detailed to meet technological shifts.
2.1. Inventions and Utility Solutions
An invention is a technical solution in the form of a product or a process intended to solve a specific problem by applying natural laws. In 2026, inventions related to AI algorithms, biotechnology, and green energy are leading the registration trends.
2.2. Trademarks
A trademark is a sign used to distinguish the goods or services of different organizations or individuals.
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Traditional Trademarks: Letters, images, words, and shapes.
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Non-traditional Trademarks: In 2026, the protection of sound trademarks and motion trademarks has become the new standard, helping businesses build a unique identity on digital platforms like TikTok or the Metaverse.
2.3. Industrial Designs
This protects the outward appearance of a product, expressed by shapes, lines, colors, or a combination thereof. An industrial design must possess novelty and creativity on a global scale.
2.4. Trade Secrets
This refers to information obtained from financial or intellectual investment that is not disclosed and is capable of being used in business to create a competitive advantage. Rights to trade secrets are established automatically if the owner takes necessary confidentiality measures.
2.5. Geographical Indications and Trade Names
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Geographical Indications: Signs used to indicate a product originating from a specific area, locality, region, or country (e.g., Phú Quốc Fish Sauce).
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Trade Names: Names of organizations or individuals used in business activities to distinguish them from other business entities.
3. Why Must Businesses Establish Industrial Property Rights Immediately?
Many Vietnamese businesses have paid a high price (loss of brand, reverse lawsuits) due to negligence in seeking protection.
3.1. Establishing a Monopoly
When you own a protection title, you have the absolute right to use, permit, or prohibit others from using that asset. This creates a significant barrier to entry for competitors.
3.2. Increasing Intangible Asset Value
Intellectual property is a financial asset. In 2026, brand value and patents often account for 60% – 80% of the total market capitalization of tech companies. Businesses can use these titles for:
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Capital contribution in business ventures.
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Transferring (licensing) to collect royalties.
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Collateral for bank loans.
3.3. Protecting Brand Reputation
Establishing industrial property rights helps prevent counterfeiting and piracy, protecting consumer trust in the quality of the business’s products.
4. The Process of Establishing Industrial Property Rights in 2026 (Digital Era)
With the complete digital transformation of the Intellectual Property Office, the filing process is now fast but requires extreme precision.
Step 1: Protection Feasibility Search (Most Important)
Before filing, businesses need to conduct a search to evaluate whether their trademark or invention overlaps with or is similar to previously filed objects.
Advice from Trần & Trần: Do not just search on Google. Use the specialized search services of a representative organization to scan national and international databases (WIPO).
Step 2: Drafting Standard Legal Dossiers
The dossier includes the application form and the trademark sample (or patent description). In 2026, patent descriptions need to integrate precise technical language to avoid rejection during the substantive examination phase.
Step 3: E-filing
Applications are submitted through the online public service portal. Immediately after a successful filing, the business receives an application number and a priority date—a crucial legal basis to protect priority against competitors.
Step 4: Formal and Substantive Examination
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Formal Examination (1 month): Checks the validity of the documents.
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Substantive Examination (12-24 months): Evaluates the novelty, creativity, and distinctiveness of the object.
Step 5: Granting and Publishing the Title
If all standards are met, the IPVN issues a decision to grant the protection title and publishes it in the Industrial Property Gazette.
5. Enforcement and Protection Against Infringement
Winning a certificate is just the beginning; enforcement is what determines the actual value of the asset.
5.1. Identifying Infringement
Infringement occurs when a third party uses a sign identical or similar to a protected trademark, or uses a technical process covered by a granted patent without the owner’s consent.
5.2. Enforcement Measures in 2026
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Civil Measures: Suing in court to demand damages, a public apology, and the destruction of infringing goods.
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Administrative Measures: Requesting the Inspectorate or Market Management to issue fines and suspend infringing business activities.
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Criminal Measures: Applied to large-scale counterfeiting of trademarks or geographical indications or repeat offenses.
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Border Control: Coordinating with Customs to suspend the clearance of shipments suspected of IP infringement.
6. International Industrial Property Protection
If you plan to export, protection in Vietnam is not enough. IP rights are territorial, so you need to register in each target country.
6.1. International Registration Systems
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Madrid System: Register a trademark in over 120 countries with a single application.
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PCT System: International patent application, allowing businesses more time to evaluate markets before filing in individual member states.
6.2. Regional Strength in SE Asia by Trần & Trần
In markets like Laos, Cambodia, and Myanmar, enforcement often has specific linguistic and procedural nuances. With an extensive partner network and years of practical experience, Trần & Trần commits to supporting businesses in establishing rights quickly and handling infringements effectively in these regions.
7. Trần & Trần – Your Trusted Partner in IP Management
Established in September 2013, Trần & Trần Intellectual Property Co., Ltd. carries the fire of enthusiasm from those who wish to bring Vietnamese brands to the world stage. We understand that every invention and every logo is the crystallization of sweat, tears, and nurtured ideas.
With a highly qualified and experienced team, we are confident in our position as one of the leading industrial property representative organizations in Vietnam.
“We do not view registration as a cost, but as a long-term investment to increase corporate value.”
Why choose Trần & Trần?
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Professionalism: Dedicated consulting with deep insight into the Consolidated IP Law of 2026.
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Comprehensive: Providing services from searching and registration to enforcement and asset valuation.
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International Experience: Particularly strong in Southeast Asian markets (Laos, Cambodia, Myanmar).
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Transparency: Clear processes, all-inclusive quotes, and no hidden costs.
8. FAQ about Industrial Property 2026
Q1: How long is a trademark protection title valid? Answer: A trademark certificate is valid for 10 years from the filing date and can be renewed indefinitely for 10-year periods. In theory, you can own a trademark forever if you maintain renewals.
Q2: Can I protect a business idea? Answer: The law does not protect pure ideas. To be protected under industrial property rights, that idea must be embodied in a technical solution (Invention) or a specific brand identity sign (Trademark).
Q3: What if a competitor registers my trademark first? Answer: Vietnam applies the “First-to-file” principle. However, if you prove the competitor filed with “Bad Faith” or that you used the mark extensively beforehand, you have the right to oppose the application or request the invalidation of their protection title.
Q4: Is the registration cost expensive? Answer: The cost includes state fees and service fees from the representative organization. Compared to the loss of a brand or a lawsuit, the registration cost is extremely small. Contact Trần & Trần for a detailed quote tailored to your industry.
Conclusion
Industrial property rights are invaluable assets—the foundation for building a sustainable brand empire. In the flat and volatile world of 2026, do not let legal delays become a barrier to your success.
Let our enthusiasm and experience serve you! The Trần & Trần family always looks forward to collaborating based on mutual growth, fully protecting the intellectual labor of Vietnamese creators on the international stage.
CONTACT INFORMATION:
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TRẦN & TRẦN INTELLECTUAL PROPERTY CO., LTD
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Email: ip@trantran.vn
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Address: P802, Talico Building, 22 Ho Giam Str., Quoc Tu Giam, Dong Da Dist., Hanoi.
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Hotline: 024 3732 7466
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Office Hours: 8:00 AM – 6:00 PM (Monday – Friday)
