Intellectual Property

Practice Overview

Vietnam operates a first-to-file intellectual property system, which carries significant strategic implications for rights holders. Unlike first-to-use jurisdictions, where prior commercial use can establish trademark rights, Vietnam grants exclusive rights to the first applicant to file a valid application with the National Office of Intellectual Property (NOIP). This means that even well-established foreign brands can face challenges from local applicants who file first, a phenomenon that has affected numerous multinational companies entering the Vietnamese market. Early filing is not merely advisable — it is essential.

Our prosecution practice manages the full lifecycle of NOIP examination procedures, from initial filing through to registration or final refusal. Trademark applications undergo formal examination within one month and substantive examination within approximately twelve to fourteen months. During this period, applications may face absolute grounds refusals (lack of distinctiveness, descriptive marks) or relative grounds refusals (conflict with earlier marks). We develop prosecution strategies that include responding to office actions, overcoming refusals through evidence of use or acquired distinctiveness, and coordinating opposition proceedings where necessary.

Cross-border IP coordination is a critical component of our practice. Through our membership in the International Trademark Association (INTA), the Asian Patent Attorneys Association (APAA), and the Vietnam Intellectual Property Association (VIPAA), we maintain relationships with associate firms across Asia, Europe, and North America. This network enables us to manage multi-jurisdictional filing programmes, coordinate enforcement actions across borders, and advise on the territorial scope of protection required for clients with regional or global operations.

Enforcement in Vietnam proceeds through three principal channels: administrative enforcement, civil litigation, and criminal prosecution. Administrative raids, conducted by market surveillance agencies and economic police, remain the fastest route to stopping infringement and seizing counterfeit goods. Civil litigation before the People's Courts provides the possibility of damages awards, though quantification remains challenging. Criminal prosecution applies to offences exceeding statutory thresholds and carries deterrent value, though practical application is selective. We advise clients on the appropriate enforcement channel based on the nature of the infringement, the identity of the infringer, and the commercial objectives at stake.

IP due diligence for M&A transactions requires a methodical approach that extends beyond verifying registration certificates. We assess the chain of title for registered rights, identify gaps in protection, evaluate the scope of licensing obligations, and review the enforceability of confidentiality and assignment clauses. For technology acquisitions, we examine whether know-how and trade secrets are adequately protected under Vietnamese law, which does not recognise statutory trade secret rights in the same manner as some common law jurisdictions. Our due diligence reports are structured to inform valuation decisions and to identify post-closing actions required to secure the target's IP position.

Key Capabilities

• Trademark Registration — Comprehensive trademark search, filing, and prosecution through NOIP. We handle opposition proceedings and appeals to secure your brand protection.
• Patents & Utility Solutions — Patent drafting, filing, and prosecution for inventions and utility solutions. We manage maintenance and annuity payments to keep your patents active.
• Industrial Design & Copyrights — Protection for product designs, artistic works, and software. We handle registration and enforcement of design and copyright assets.
• Licensing & Technology Transfer — Drafting and negotiating assignment agreements, licensing contracts, franchising agreements, and technology transfer deals.
• IP Enforcement & Litigation — Administrative, civil, and criminal enforcement actions. We represent clients in infringement cases and coordinate customs border enforcement.
• IP Portfolio Review — Comprehensive IP audits for M&A transactions, assessing portfolio strength, identifying risks, and evaluating licensing obligations.

Our Process

Important Considerations