INTELLECTUAL PROPERTY RIGHTS IN VIETNAM

Opposition Term	Any time after the publication and before issuance of the registration certificate
Registration Term	10 Years
First Renewal Term	10 Years
Subsequent Renewal Term	10 Years

The Intellectual Property Law 2005 - is the primary law governing the mechanism of trademark registration and protection in Vietnam.
For getting a trademark registered in Vietnam, an application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP), which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Vietnam follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
Applications may be opposed at any time after the publication date and before issuance of the registration certificate.
In Vietnam, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years.

Vietnam is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
The Law on Intellectual Property of 2005 - deals with the mechanism of patent protection in Vietnam.
For seeking patent protection in Vietnam, an application has to be filed with the NOIP, which administers the entire process of patent grant.
In Vietnam, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
From the publication date of a patent application until before the date of it being granted, any third party may request the rejection of a patent application by submitting arguments and relevant documents and information concerning the patent application.
Patents last for twenty (20) years in Vietnam. Annual maintenance fees in Vietnam are due for each year after the grant of the patent. The first annuity is usually settled together with the official fee for the grant. All subsequent annuities should be paid within six (06) months before the anniversary of the grant date. Late payment is possible within six (06) months after the due date upon payment of the corresponding surcharge.

The Law on Intellectual Property of 2005 - governs and deals with the mechanism of registration of industrial designs in Vietnam.
For getting an industrial design registered in Vietnam, an application has to be filed with the NOIP, which administers the entire process of registration.
The types of industrial design applications that can be filed in Vietnam include Non-Convention Application and Convention Application.
Within two (02) months as from the date the application is accepted as formally valid, it will be published in the Industrial Property Official Gazette for oppositions and comments of third parties.
The validity term of a design in Vietnam is five (05) years from the filing date and may be renewed twice every five (05) years (fifteen (15) years in total).
An application for renewal must be filed six (06) months before the expiry of the preceding validity term.
There is a grace period of six (06) months for renewal after the expiry of the term.

Vietnam is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law on Intellectual Property of 2005 - is the basic legislation governing copyright protection in Vietnam.
Cinematographic works, photographic works, works of applied art, and anonymous works, where the author remains unknown, have a term of protection of seventy-five (75) years from the date of the first publication.
For cinematographic works, photographic works, and works of applied art, which remain unpublished within twenty-five (25) years from the date of fixation, the term of protection is hundred (100) years from the date of fixation.
For a work under joint authorship, the term of protection expires in the 50th year after the death of the last surviving co-author.