Insight into Vietnam’s 2025 Amended IP Law

Vietnam is embarking on a transformative journey in the realm of Intellectual Property (IP) rights, with significant changes set to take effect from April 1, 2026. The recent amendments to the Law on Intellectual Property (‘2025 Amended IP Law’), passed by the National Assembly on December 10, 2025, mark a pivotal move towards a more innovation-driven digital economy.

Key Revisions in IP Procedures

One of the most critical updates brought by the 2025 Amended IP Law is the streamlining of IP procedures. The introduction of shorter statutory timelines across trade mark, design, and patent practices represents a strategic shift aimed at enhancing efficiency.

Shortened Timelines

The opposition period for trade mark and design applications will be cut to three months, while substantive examinations must now be completed within five months for trade marks and industrial designs (previously nine and seven months, respectively). For invention patents, the time frame is also trimmed to twelve months, down from eighteen. These alterations are designed to expedite registration processes and encourage timely resolutions of conflicts and infringements.

Expanding Design Protection

The new law has broadened the scope of what constitutes protectable industrial designs. Designs for non-physical products, such as graphical user interfaces (GUIs), are now officially recognized, allowing for a more comprehensive protection framework that aligns with international standards.

Grace Period Enhancements

The law expands the grace period for maintaining the novelty of industrial designs. This provision allows for broader circumstances under which a design can remain novel despite prior disclosures, thereby offering better protection for legitimate applicants navigating the complexities of IP.

Digital Enforcement and ISP Responsibilities

As technology evolves, so too must the law governing its use. The 2025 Amended IP Law also responds to the challenges posed by digital platforms and online content.

New Obligations for ISPs

Intermediary service providers (ISPs) now have clearer obligations regarding IP protection. They are required to take proactive measures to curb IP infringements, must comply with various laws—including those on e-commerce and cybersecurity—and can face legal action for non-compliance.

Enhanced Legal Remedies for Infringement

The amended law introduces a range of strengthened enforcement tools and civil remedies, aimed at addressing both physical and online forms of infringement more effectively.

Civil Remedies and Compensation

Courts are now authorized to order the destruction of counterfeit goods and related production tools. Furthermore, statutory compensation for material and moral damages has been increased, allowing for more realistic compensations in cases of IP infringement. This shift aims to deter violations and ensure that rights holders are adequately compensated for their losses.

The Role of AI in IP Rights

An exciting development under the new law is its recognition of the intersection between AI and IP rights. While it explicitly states that inventors must be human individuals, it opens the door for AI-assisted creations to be patentable, framing the future of innovation in a digital context.

Permitted Use of IP Data for AI Training

The law permits the use of legally published IP-related data for scientific research and AI training, thus striking a balance between encouraging innovation and respecting the rights of original creators.

Clearer Timelines for Plant Variety Testing

The 2025 Amended IP Law introduces definitive timelines for technical testing in plant variety protection applications. This addition aims to close procedural gaps and enhance transparency, enabling applicants to better understand the lifecycle of their applications.

Focus on International Collaboration

With the aim of aligning with global IP standards, the amended law encourages multinational cooperation, particularly beneficial for R&D hubs based in Vietnam. The revisions to filing requirements concerning national security further simplify the process for managing international IP portfolios.

Implications for Businesses

As Vietnam tightens its IP regulations, businesses operating in the country will need to adapt. Companies should proactively review and update their IP strategies in light of these changes to ensure compliance and readiness when the law becomes effective.

The 2025 Amended IP Law represents a significant leap forward for Vietnam, aiming to create a more structured and responsive IP framework that nurtures innovation while protecting the rights of creators.