Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Da Nang, Vietnam Attorneys in related practice areas.
Intellectual Property (IP) Law in Da Nang, Vietnam relates to creations of the mind, such as inventions, designs, artwork, symbols, names, and images used in commerce. These are protected under the Vietnamese Intellectual Property Law, overseen by the National Office of Intellectual Property (NOIP). The primary laws regulating IP rights in Vietnam are the Intellectual Property Law of 2005 and its amending laws of 2009 and 2019.
Ranging from business startups to established corporations, anyone needing to protect their unique ideas or commercial symbols may require the expertise of an IP lawyer. Whether it is registering a patent, trademark, or copyright, defending against IP infringement, drafting and reviewing IP contracts or managing IP portfolios, a competent lawyer can guide you successfully through these complex legal aspects.
The Vietnam IP Law recognizes four main types of IP: copyrights and related rights, industrial property rights (including patents, industrial designs, and trademarks), plant varieties, and geographical indications. To enforce these rights, Vietnam is a member of various international treaties, like the Berne Convention for Copyrights, the Paris Convention for Industrial Property, and the Madrid Protocol for the International Registration of Marks. Note that Vietnam adopts a 'first-to-file' system, meaning that the first person to file an IP application in Vietnam generally has priority over others.
Patents last for 20 years, industrial designs for 15 years, and trademarks for 10 years from the filing date. Copyrights for literary and artistic works last for the lifetime of the author plus 50 years.
While copyright protection is automatic, it is recommended to register your work for easier enforcement. For industrial property rights like patents, trademarks, and industrial designs, registration with the NOIP is mandatory.
Applications for patents or trademarks are filed with the NOIP, who will examine the material to decide whether to grant protection. This can take several months or even years depending on the complexity of the work. Patents must meet criteria of novelty, inventive step, and industrial applicability.
Yes, foreigners are allowed to register IP rights in Vietnam, either directly or through a representative. They are treated on an equal basis as a Vietnamese applicant.
IP litigation typically includes a warning stage, negotiation stage, and finally a lawsuit before the court. The process can take from one to several years.
For more information and legal advice, consult the National Office of Intellectual Property (NOIP), Vietnam Ministry of Science and Technology, the IP Research Institute, and various legal assistance groups. Additionally, business and trade organizations often provide helpful IP guides and resources.
If you need legal assistance in Intellectual Property, seek the advice of a qualified IP lawyer versed in Vietnamese law. They can help you understand your rights, apply for IP protection, or represent you in case of disputes. A lawyer can also help develop a strategy for managing your IP to maximize business benefits.
