Vietnam has been a member of the World Intellectual Property Organization (WIPO) since 1976 and has acceded to several international IP treaties, such as the Paris Convention, the Berne Convention, the Patent Cooperation Treaty, the Madrid Protocol, and the TRIPS Agreement. Vietnam has also established a comprehensive legal framework for IP, consisting of the Constitution, the Civil Code, the Criminal Code, the IP Law, and other relevant laws and regulations.

The IP Law was first enacted in 2005 and has been amended three times, in 2009, 2019, and 2023. The latest amendment, which was passed by the National Assembly on June 16, 2023, through Law No.07/2023/QH15, is considered the most significant and comprehensive revision of the IP Law since its creation. The amendment aims to overcome the limitations and shortcomings of the previous IP Law, to improve the effectiveness and efficiency of IP management and enforcement, and to harmonize the IP system with international standards and practices.

The amendment introduces several changes and innovations to the IP Law, covering various aspects of IP, such as patents, trademarks, industrial designs, geographical indications, trade secrets, plant varieties, and IP enforcement. Some of the notable changes are:

– Expanding the scope and criteria of patentable inventions, especially for pharmaceuticals and biotechnology;

– Simplifying and streamlining the procedures and requirements for patent and trademark applications and registrations;

– Extending the term of protection for industrial designs from 15 to 20 years;

– Recognizing the protection of well-known trademarks and geographical indications without registration;

– Strengthening the protection of trade secrets and confidential information;

– Enhancing the protection of plant varieties and new plant species;

– Providing more effective and deterrent measures and remedies for IP infringement, such as preliminary injunctions, damages, destruction of infringing goods, and criminal sanctions.

The amendment also reflects Vietnam’s commitments and obligations under several free trade agreements that Vietnam has signed or joined, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European Union-Vietnam Free Trade Agreement (EVFTA), and the Regional Comprehensive Economic Partnership (RCEP). These agreements require Vietnam to implement higher standards and norms of IP protection and enforcement, as well as to cooperate and coordinate with other countries and regions in IP matters.