Patents Trademarks | Industrial Designs | Intellectual Property in Vietnam

Vietnam

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.
  • Patent Cooperation Treaty (PCT), since March 10, 1993.

FILING REQUIREMENTS

  • Power of Attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
  • Assignment of inventor's right, only signature, no notarization required (not required for PCT applications);
  • Specification in Russian, English or French for translation into Vietnamese: 1 copy; Vietnamese text: 1 copy;
  • Formal drawings, 1 copy;
  • Assignment of priority right, if any, notarized (not required for PCT applications);
  • Priority document, attested by the authority for the prior application (not required for PCT applications).

REMARKS

National Phase of PCT: under Chapter 1: 31 months; under Chapter II: 31 months.
Validity: issued after a formal and full examination - valid for 20 years from the filing date.
Annuities: accumulated annuities (from 3rd year) are payable at the date of grant of the patent; subsequent annuities are due six months prior to the anniversary of the filing date.
Opposition: during the term of validity of a patent, anybody may file an opposition.

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.
  • Madrid Agreement, Stockholm Act, since March 8, 1949.
  • Madrid Protocol, since July 11, 2006.

FILING REQUIREMENTS

  • Power of Attorney, no notarization required;
  • 1 specimen (black and white) or 20 (if colors are claimed), max. size 8 x 8 cm (even for word marks);
  • Priority document, if any.

REMARKS

Kinds of protection: verbal, pictorial and other designations or their combination. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: a mark is subject to cancellation if it is not used within five consecutive years preceding the cancellation action, beginning with the registration date.
Duration - renewals: 10-year period after the filing date or last renewal date.
Opposition: improper granted registration shall be cancelled on a third party's request filed within five years as of the granting date.

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.

FILING REQUIREMENTS

  • Power of Attorney, only signature and seal, no notarization required;
  • A description of the industrial design;
  • Drawings or photographs (5 sets) (min. 30 x 30 mm), from all sides including perspective view;
  • Authorization from the creator (if relevant), only signature, no notarization required;
  • Priority document (if relevant).

REMARKS

Duration - renewals: after formal and novelty examination: 5 years from the filing date. Extension possible for two further consecutive 5-year periods.
Opposition: possible.

LEGAL BASIS

  • There is no specific legislation on country code top-level domain names.

FILING

  • ccTLD: .vn
  • Applicant: individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration - renewals: one year, renewable.
Uniform dispute resolution procedure: a Dispute Resolution Policy is provided by the Vietnam Internet Network Information Center.

General Information

Area: 329,707 sq. km.
Population: 92,700,000 inhabitants (estimated 2015).
Capital: Hanoi.
Language: Vietnamese.
Currency: Dong (VND).

General Remarks

The Democratic Republic of Vietnam, established in the North on September 2, 1945, adopted a constitution on December 31, 1959, based on communist principles and calling for reunification of all Vietnam. After several years of war, North and South Vietnam became a unified country in 1975. The most recent constitution was adopted in 1992 and revised in 2001. In 1986, Vietnam took significant steps away from a centrally planned economy towards a market-orientated economy.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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