The recently approved comprehensive revisions to Vietnam’s Law on Intellectual Property (“Amended IP Law”) mark the most significant changes to Vietnam’s intellectual property regime since the last time the IP Law was revised more than a decade ago, in 2009, affecting 80 out of 222 articles and introducing 12 new ones.
The National Assembly of Vietnam approved the Amended IP Law on June 16, 2022, and, except for a few provisions, it will take effect on January 1, 2023.
Some notable points of the revised law regarding Patent and Industrial design matters include:
• Supplement Articles 4.12a and 108.3, respectively, on the definition and applications for registration of confidential invention.
• Revise Article 60.1 on the novelty of invention.
• Supplement Article 89a on the security control of inventions prior to being filed for registration abroad
• Revise Article 114 on the examination of patent applications as to substance, allowing the use of examination results of equivalent patent applications performed by foreign patent offices in the assessment of patentability of the same patent applications in Vietnam.
• Revise Article 128 on the protection of agrochemicals and drug testing data, and information ensuring that patent holders can exercise their rights in the registration procedures, in compliance with CPTPP.
• Supplement Article 131a on the compensation for patent holders due to delay in granting approval for circulation of drugs, in compliance with EVFTA.
• Supplement Article 145.1.(dd) and revise Articles 146.1 and 147.1 on the compulsory licensing of patents and related procedures.
• Revise Article 103 on the requirements for applications for registration of industrial design, simplifying required formalities of
specifications of industrial design.
• Revise Article 110.3 on the publication of industrial design applications, allowing delay of publication upon applicant's request.