Vietnam’s 2022 Amended Intellectual Property Law adopted

adminquantri - June 17, 2022

On 16 June, 2022, the National Assembly of Vietnam finally adopted the Draft Amendment of the Intellectual Property Law (“Draft Law”). The newly amended IP Law is informed to take effect as from January 1, 2023, except for the provisions on protection of sound marks taking effect as from January 14, 2022 and provisions on protection of test data for agrochemical products products taking effect as from January 14, 2024.

This Draft Law was introduced for debates and public consultation in 2020 and 2021, after 15 years of implementation of the existing IP Law 2005 (previously amended in 2009 and 2019), to be in accordance with the international commitments following the country’s accessions to recent international trade agreements such as CPTPP, EVFTA, and RCEP.

The recently adopted amendment to the IP Law focuses on seven major groups of policies:

    1. Specific provisions on the author and owner of copyright, performer, owner of copyright-related rights in terms of assignment and license of copyright and related rights;
    2. Incentives for creation, exploitation and dissemination of inventions, industrial designs, layout designs (integrated circuits), and plant varieties resulted from scientific and technological missions funded by the State budgets;
    3. Facilitating the procedures for registration and establishment of IP rights;
    4. Securing reasonable and balanced degree of protection of intellectual property rights;
    5. Enhancing the effectiveness of supporting activities in relation to intellectual property;
    6. Enhancing the effectiveness of IPR enforcement activities; and
    7. Ensuring full and serious implementation of the international commitments in compliance in relation to intellectual property during the country’s integration into the global market.

We will come back soon with details of the key provisions.