Vietnam IP Office Policies & News

Classifications Applicable at Intellectual Property Office of Viet Nam

> Patent - IPC 2018
> Design - Locarno 10th
> Trademark - Nice 11th (2018) & Vienna 8th




Establishment of Examination Centers & New English Name

Effective as of 4 September 2018, 05 examination centers are established, namely:


> Examination Center for Patent

> Examination Center for Industrial Design

> Examination Center for Trademark

> Examination Center for Geographical Indications & International Trademark Registrations

> Examination Center for Post-Grant Matters


The establishment of the examination centers is a measure to solve the significant application backlog at the Intellectual Property Office of Viet Nam.


Other centers established include:


> Center for Industrial Property Information

> Center for Information Technology

> Center for Research, Training and Assistance, Consultation

Also as of 4 September 2018, “The Intellectual Property Office of Viet Nam” is used in international transactions, replacing “The National Office of Intellectual Property of Vietnam”.



Patent - Full-Text Publication of Granted Patents (Pilot)

Since July 2018, the National Office of Intellectual Property has started a pilot full-text publication of granted patents. The publication is in Vietnamese.
 


Patent - The NOIP ceases to receive Patent Prosectution Highway (PPH) Requests for 2016

The NOIP has just stopped receiving PPH requests for the first year of the programme (from April 1 to August 24, 2016) after the 100th requests was filed on August 24, 2016. The NOIP will resume receiving PPH requests on and after April 1, 2017.

The experimental 3-year PPH program is a cooperation between Vietnam National Office of Intellectual Property (for the 1st time ever) and Japan Patent Office. This program will end on March 31, 2019.



Patent - Vietnamese Version of IPC (2011) is Available

National Office of Intellectual Property of Vietnam published the Vietnamese version of IPC (2011) on its website (noip.gov.vn) for public reference and comments. IPC has long been applicable to all patent applications filed with NOIP although Vietnam is not a member of Strasbourg Agreement.



Design - Adoption of Locarno Classification (8th Edition)

The Director General of National Office of Intellectual Property issued Notice No. 426/TT-SHTT on 24 March 2005 on the application of Locarno Classification (8th edition) to design applications. The 8th edition of Locarno Classification is applicable to all design applications filed with NOIP on or after April 1, 2005.



Trademark - New Vietnamese Version of List of Goods/Services of Nice Classification

As of 1 October 2016, the new Vietnamese version the List of Goods/Services of the Nice Classification shall be used for trademark registration in Vietnam according to a notice from the National Office of Intellectual Property of Vietnam (NOIP).

This Vietnamese version is a translation of the 2016 version of the 10th edition of the Nice Classification including revisions in 2015 and up to 31 March 2016.

Note: Vietnam is not a contracting party to the Nice Agreement. The NOIP, however, adopts the Nice classification for trademark registration in Vietnam. The NOIP prepares a Vietnamese translation of the List of Goods/Services and publishes same for the public. The last two Vietnamese versions were published in 2012 and 2014.
 


Trademark - Adoption of Vienna Classification (7th Edition)
 
The Deputy Director of National Office of Intellectual Property issued Notice No. 9779/TB-SHTT on 21 November 2013 on the application of Vienna Classification (7th edition) for the purposes of trademark management and searches. The adoption of Vienna Classification does not significantly affect trademark applicants in Vietnam because it is not required to classify figurative elements of trademarks in trademark applications filed with NOIP.
 

 
Trademark - Vietnamese Version of Nice Classification (10th Edition) Available
 
The Deputy Director of National Office of Intellectual Property issued Notice No. 5377/TB-SHTT on 16 July 2012 on the application of the Vietnamese version of Nice Classification (10th edition). The 10th edition of the Nice Classification is applicable to all trademark applications filed with NOIP on or after 1 August 2012.
 


Trademark - Adoption of Nice Classification (10th Edition)

The Deputy Director of National Office of Intellectual Property issued Notice No. 1378/TT-SHTT on 9 March 2012 on the application of Nice Classification (10th edition) to trademark applications filed with NOIP.
 

Patent Quick Facts

Invention

Any technical solution (in forms of articles, materials, or processes) that is new, inventive, and industrially applicable

Software Patent

No

Business Method Patent

No

Protection Titles

> Patent for Invention (20 years of protection from date of application or priority)
> Patent for Utility Solution (10 years of protection from date of application or priority)

Protection Criteria for Patent for Invention

> Novel
Inventiveness
> Capability of industrial application

Protection Criteria for Patent for Utility Solution

> Novel
Not common knowledge
> Capability of industrial application

Maintenance

> Annual maintenance fee
> Annual use fee

Priority Claim

Paris convention (12 months)

WTO Membership

Yes

Classification

IPC 2018

Application

First-to-File

Filing Requirements(Basic)

> Specification
> Figures
> Abstract
> Claims
> Power of attorney signed by Applicant (neither notarization nor legalization required)

International Application

PCT

Time Limit for Entry into Vietnam National Phase

31 months from international filing date or priority date

Filing Requirements for an Application for Entry into Vietnam National Phase

> PCT documents
> Power of attorney signed by Applicant (neither notarization nor legalization required)

Examination Process
1. Filing an Application with the Vietnam IPO 
(also for entry into national phase of a PCT application)

2. Formal Examination 
Outcome: decision on acceptance/refusal of an application as to formality

3. Application Publication 
(Opposition is possible after application publication up to grant/refusal decision)

4. Substantive Examination 
> If a request ís filed within the time limit of 42 months for a patent for invention or 36 months for a patent for utility solution, from date of application or priority)
Outcome: grant/refusal decision

General Information


IPRs in Vietnam

Patent (The Intellectual Property Office of Vietnam – ‘IPO of Vietnam’)
Design (The IPO of Vietnam)
Trademark (The IPO of Vietnam)
Geographical Indication (state-owned, The IPO of Vietnam)
Design of IC (The IPO of Vietnam, no substantive examination)
Trade Secret (No registration required nor available)
Trade Name (No registration required nor available)
Protection Against Unfair Competition, IPRs-related (No registration required nor available)
Copyright & Related Rights (No registration required yet available and advisable at the Copyright Office of Vietnam – Ministry of Culture and Information)
New Plant Variety (The Plant Variety Protection Office – Ministry of Agriculture and Rural Development)

Main Domestic Law

> Civil Code
> Penal Code
> Law on Intellectual Property 2015, as amended
> Various Decrees and Circulars

International Treaties

Madrid Agreement 
(June 25, 1939)

Trademark


Paris Convention 
(March 8, 1949)

Industrial property


WIPO Convention 
(July 2, 1976)

Establishment of WIPO


Patent Cooperation Treaty 
(March 10, 1993)

Patent


Berne Convention 
(October 26, 2004)

Protection of literary and artistic works


Phonograms Convention 
(July 6, 2005)

Protection of of phonogram’s producers


Brussels Convention 
(January 12, 2006)

Prevention of the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite

  Madrid Protocol 
(July 11, 2006)

Trademark

 
  UPOV Convention 
(December 24, 2006)

Protection of New Varieties of Plants

 
  WTO 
(January 11, 2007)

Intellectual property related

 
  Rome Convention 
(March 1, 2007)

Protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations
 

Design Quick Facts

Design

Ornamental features of products’ appearance

Features dictated by functionalities

No

Features is not visible when in use

No

Appearance of civil or industrial constructions

No

Protection Duration

5 years from date of application or priority

Protection Criteria

> Novel
> Non-obvious
> Industrially applicable

Renewal

> 5 years
> 2 renewals, 5 years each
> Renewal fee
> Use fee (5 years)

Priority Claim

Paris convention (6 months)

WTO Membership

Yes

Classification

Locarno (10th)

Application

> First-to-File
> 1 application for 1 design (variations/embodiments are possible)

Filing Requirements (Basic)

> Design title
> Drawings
> Power of attorney signed by Applicant (neither notarization nor legalization required)

Typical Drawing Views Required (except for patterns, etc.)

> Perspective
> Front
> Back
> Right-side
> Left-side
> Top
> Bottom

International Application

No

Examination Process
1. Filing an Application with the Vietnam IPO

2. Formal Examination
Outcome: decision on acceptance/refusal of an application as to formality

3. Application Publication 
(Opposition is possible after application publication up to grant/refusal decision)

4. Substantive Examination 
Outcome: grant/refusal decision

General Information


IPRs in Vietnam

Patent (The Intellectual Property Office of Vietnam – ‘IPO of Vietnam’)
Design (The IPO of Vietnam)
Trademark (The IPO of Vietnam)
Geographical Indication (state-owned, The IPO of Vietnam)
Design of IC (The IPO of Vietnam, no substantive examination)
Trade Secret (No registration required nor available)
Trade Name (No registration required nor available)
Protection Against Unfair Competition, IPRs-related (No registration required nor available)
Copyright & Related Rights (No registration required yet available and advisable at the Copyright Office of Vietnam – Ministry of Culture and Information)
New Plant Variety (The Plant Variety Protection Office – Ministry of Agriculture and Rural Development)

Main Domestic Law

> Civil Code
> Penal Code
> Law on Intellectual Property 2015, amended.
> Various Decrees and Circulars

International Treaties

Madrid Agreement (June 25, 1939)

 Trademark

  Paris Convention (March 8, 1949)

Industrial property
 
  WIPO Convention (July 2, 1976)

Establishment of WIPO
  Patent Cooperation Treaty (March 10, 1993)

Patent
 
  Berne Convention (October 26, 2004)

Protection of literary and artistic works
 
  Phonograms Convention (July 6, 2005)

Protection of of phonogram’s producers
 
  Brussels Convention (January 12, 2006)

Prevention of the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite
 
  Madrid Protocol (July 11, 2006)

Trademark
 
  UPOV Convention (December 24, 2006)

Protection of New Varieties of Plants
 
  WTO (January 11, 2007)

Intellectual property related

  Rome Convention (March 1, 2007)

Protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations

Trademark Quick Facts

Trademark

Visual sign (mark) distinguishing goods/services of one provider from that of others

3-D mark

Yes

Certification Mark

Yes

Collective Mark

Yes

Associated Mark

Yes 
> identical or similar trademarks registered in the name of a registrant for similar, related goods/services or goods/services of one type
> no standalone legal status 
> taken into consideration in examination of assignment of a registered trademark)
Well-known Mark

Yes (case-by-case recognition)

Sound, touch, scent marks

No

Protection Duration

10 years from date of application or priority

Protection Criteria

Capable of distinguishing goods and/or services

Renewal

> 10 years each
> No limit on renewals
> Renewal fee
> Use fee (10 years)

Priority Claim

Paris convention (6 months)

WTO Membership

Yes

Classification of goods/services

> Nice (11th)
> Nice class headings are not acceptable
> Goods/ services from NICE List of goods/ services are recommended although not always or automatically accepted

Application

> First-to-File
> 1 application for 1 mark
> 1 application for one or multiple classes

Filing Requirement 
(Basic)

> Trademark specimen
> List of goods/ services
> Power of attorney signed by Applicant (neither notarization nor legalization is required)

International Application

> Madrid Agreement
> Madrid Protocol
> 12 months for substantive examination by the IPO of Vietnam
> A response shall be filed within 3 months against a Provisional refusal by the IPO of Vietnam

Examination Process
1. Filing an Application with the Vietnam IPO

2. Formal Examination
Outcome: decision on acceptance of an application as to formality

3. Application Publication
(Opposition is possible after application publication up to grant/refusal decision)

4. Substantive Examination 
Outcome: grant/refusal decision

General Information


IPRs in Vietnam

Patent (The Intellectual Property Office of Vietnam – ‘IPO of Vietnam’)
Design (The IPO of Vietnam)
Trademark (The IPO of Vietnam)
Geographical Indication (state-owned, The IPO of Vietnam)
Design of IC (The IPO of Vietnam, no substantive examination)
Trade Secret (No registration required nor available)
Trade Name (No registration required nor available)
Protection Against Unfair Competition, IPRs-related (No registration required nor available)
Copyright & Related Rights (No registration required yet available and advisable at the Copyright Office of Vietnam – Ministry of Culture and Information)
New Plant Variety (The Plant Variety Protection Office – Ministry of Agriculture and Rural Development)

Main Domestic Law

> Civil Code
> Penal Code
> Law on Intellectual Property 2015, amended.
> Various Decrees and Circulars
 
International Treaties

Madrid Agreement 
(June 25, 1939)
 
Trademark
 
Paris Convention 
(March 8, 1949)

 
Industrial property

  WIPO Convention 
(July 2, 1976)

Establishment of WIPO
  Patent Cooperation Treaty 
(March 10, 1993)

Patent
 
  Berne Convention 
(October 26, 2004)

Protection of literary and artistic works
  Phonograms Convention 
(July 6, 2005)

Protection of of phonogram’s producers
 
  Brussels Convention 
(January 12, 2006)

Prevention of the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite
  Madrid Protocol 
(July 11, 2006)

Trademark
 
  UPOV Convention 
(December 24, 2006)

Protection of New Varieties of Plants
 
  WTO 
(January 11, 2007)

Intellectual property related

 
  Rome Convention 
(March 1, 2007)

Protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations