On 10 December 2025, Vietnam's National Assembly passed significant amendments to the Law on Intellectual Property, with the revised law entering into force on 1 April 2026. This landmark reform modernizes Vietnam’s IP regime, aiming not only to strengthen the creation, protection, and commercialization of intellectual property, but also to foster innovation and the digital economy while aligning with international IP and trade standards.
Expedited Procedures for Faster Registration
The amended law substantially shortens timeframes across the application, examination, and opposition processes, offering a more efficient registration pathway.
Substantive examination periods have been reduced: for trademarks and industrial designs, the timeframe is now 5 months (down from 9 and 7 months respectively), while for invention patents it is 12 months (reduced from 18 months). A new fast-track examination mechanism is also available for eligible trademark and patent applications, allowing substantive examination to be completed within 3 months.
Opposition periods are now streamlined: 3 months for trademarks and industrial designs, and generally 6 months for invention patents (also 3 months under fast-track). Publication and decision-issuance timelines have also been tightened.
For foreign applicants, a notable procedural easing is the elimination of notarization or legalization requirements for Powers of Attorney when filing appeals, lowering administrative burdens for cross-border IP management.
Modernized Protection for Digital and AI Innovations
The law expands protectable subject matter to keep pace with technological developments.
Industrial design protection now expressly covers non-physical designs, such as graphical user interfaces (GUIs), and partial designs. The novelty grace period has also been widened, allowing a 6-month filing window after certain disclosures.
Regarding artificial intelligence, the law clarifies that only natural persons may be named as inventors, though AI-assisted inventions remain potentially patentable. It also permits the use of lawfully published IP-related data for AI training, provided such use does not unreasonably prejudice rights holders' legitimate interests. Further implementing rules are expected from the government.
Enhanced IP Commercialization and Legal Certainty
IP rights are now explicitly recognized as assets that may be used for capital contribution, security, or transfer, encouraging their market-based exploitation.
To improve predictability, the law specifies that Powers of Attorney without a fixed term will be governed by general civil law principles, typically valid for one year unless otherwise stated. Rights holders are advised to define duration or revocation clauses clearly in their POAs.
A new principle for resolving conflicts between overlapping IP rights has been introduced: where a later right obstructs an earlier one, courts may order termination of the later right's exercise.
Strengthened Enforcement and Remedies
The amendments introduce stronger measures against infringement, both online and offline.
Digital platform operators are now expressly subject to IP protection obligations and must implement measures consistent with IP, e-commerce, and cybersecurity regulations. Rights holders may seek preliminary injunctions to compel the removal, blocking, or disabling of access to infringing digital content.
In the physical realm, storage of counterfeit goods is explicitly deemed an infringing act. Courts may order the destruction or non-commercial disposal of counterfeit items, pirated goods, and related production materials.
Statutory damages ceilings have been raised: for material damages, up to VND 1 billion (approx. USD 38,000) may be awarded where actual loss is hard to quantify. Moral damages may now be calculated as 10 to 100 times the state-prescribed base salary, offering greater flexibility.
Implications and Recommended Actions for Businesses
Vietnam's amended IP Law creates a more robust and predictable environment for IP owners, while also requiring proactive strategy updates.
Businesses should:
Review existing and potential IP assets—particularly software interfaces, GUIs, and partial designs—for new registration opportunities under the expanded protection scope.
Plan filings earlier to accommodate shorter examination timelines and consider using the new fast-track option where applicable.
Update enforcement strategies to leverage new online tools, including preliminary injunctions and platform takedown mechanisms.
Monitor forthcoming implementing regulations, especially regarding AI training data and IP valuation, to ensure compliance and strategic alignment.
This comprehensive reform signals Vietnam's commitment to a modern, transparent, and internationally integrated IP system, providing stronger safeguards for innovators and investors alike.
Source: www.lexology.com
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