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Vietnam's National Assembly has passed the 2025 Amended IP Law (Law No. 131/2025/QH15), effective April 1, 2026. The reform modernizes Vietnam's IP framework with faster prosecution timelines and stronger tools for digital‑era enforcement, including issues arising from AI.
Key Trademark Changes
- Accelerated Timelines
The law shortens examination and opposition periods to reduce backlogs at the IP Office:
|
Procedure |
New Deadline |
Previous Deadline |
|
Substantive Examination |
5 months |
9 months |
|
Opposition Period |
3 months |
5 months |
- A new Fast-Track Mechanism allows examination and opposition to be completed within 3 months each for government‑designated cases.
- Simplified POA Requirements
Foreign applicants no longer need to notarize or legalize POAs for first ‑ and second‑level appeals. A POA without a stated validity is effective forone yearor until the authorized work concludes. - ISP Liability & Digital Enforcement
Intermediary Service Providers must now proactively prevent IP infringement. Courts can order removal of infringing content, blocking of accounts/websites, and other online injunctions at the preliminary stage. - Higher Damages
- Statutory material damages capped at VND 1 billion (~USD 38,000) when actual damages cannot be assessed.
- Moral damages range from 10–100 times the State base salary (VND 2,340,000).
- Wider Administrative Powers
Authorities may now penalize storage of counterfeit goods, enabling raids on warehouses and fulfillment centers. Courts can order destruction of counterfeit goods and production tools. - Online Injunction Tools
Courts may temporarily disable access to infringing digital content, accounts, websites, apps, and online identifiers.
Takeaways for Brand Owners
- Act Early: With shortened deadlines, quick filing and monitoring are essential.
- Use Fast‑Track Schemes: Prioritize important marks for accelerated protection.
- Update POA Procedures: Ensure POAs specify validity to avoid unintended expiry.
- Strengthen Digital Enforcement: Prepare protocols for online takedowns and ISP notifications.
Vietnam's reforms align its IP system with global standards and offer a more efficient, predictable environment for businesses and rights holders. Now is the time to reassess portfolios and strategies ahead of the April 2026 transition.
For assistance with trademarks in Vietnam, contact: foreign@ssrana.com
For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
