Intellectual Property
Vietnam’s intellectual property regime has matured quickly, but enforcement still rewards businesses that register early and document their rights properly. IVLF advises domestic and foreign businesses on protecting, licensing and enforcing trademarks, patents, industrial designs and copyright in Vietnam. Our intellectual property practice protects the brands, technology and creative assets your business is built on.
Intellectual property matters we handle
Trademark registration & portfolio management
Clearance searches, filing and prosecution of trademark applications before the National Office of Intellectual Property of Vietnam (NOIP), opposition and cancellation proceedings, renewals, and ongoing portfolio management for regional and multinational brand owners entering the Vietnamese market.
Patents & industrial designs
Filing and prosecution of patent and industrial design applications, novelty and freedom-to-operate advice, and coordination with international patent counsel for Paris Convention and PCT national-phase filings into Vietnam.
Copyright & software protection
Copyright registration, software and digital-content licensing structures, and protection strategies for creative, media and technology businesses operating in or exporting into Vietnam.
Licensing, franchising & technology transfer
Structuring trademark and know-how licences, master franchise and unit franchise agreements, and technology transfer registrations, including royalty structuring and foreign-exchange considerations under Vietnamese law.
IP in commercial transactions and enforcement
Brand and technology rights are frequently the most valuable – and least documented – assets in a Vietnamese transaction. We help clients confirm what they actually own, close the gaps before a deal or launch, and act quickly when rights are infringed.
Why does IP due diligence matter in Vietnamese M&A?
Target companies often use unregistered marks, informally licensed technology, or founder-owned IP that was never assigned to the business. We identify these gaps during due diligence and structure remedies before signing.
How is trademark infringement enforced in Vietnam?
Rights holders can pursue administrative sanctions through market management authorities, civil litigation for damages and injunctions, and customs recordal to intercept counterfeit goods at the border. The right combination depends on the infringer, the channel and how quickly action is needed.
Can foreign franchisors license their brand into Vietnam?
Yes. Foreign franchisors typically register the franchise with the Ministry of Industry and Trade and record the underlying trademark licence, alongside structuring royalty payments and franchise disclosure documents to meet Vietnamese requirements.
Why intellectual property strategy matters in Vietnam
Vietnam is a first-to-file jurisdiction: rights generally belong to whoever registers first, not whoever used the mark or invention first. Foreign businesses discover this the hard way when a distributor, ex-employee or squatter files their brand before they do. The first step in any intellectual property engagement with IVLF is therefore a filing-gap audit – what you own, what you use, and what anyone else could register tomorrow.
From registration to enforcement
Registration alone does not protect anything; enforcement does. Our intellectual property team combines prosecution work before the IP Office of Vietnam with the enforcement toolkit: administrative raids through market surveillance authorities, customs recordal to stop counterfeits at the border, takedown procedures on e-commerce platforms, and civil litigation where damages justify it. Clients receive an enforcement matrix ranking each option by cost, speed and deterrent effect.
Intellectual property in deals
In M&A and investment transactions, we run intellectual property due diligence on targets – verifying ownership chains, employee-created works, open-source exposure in software, and licence terms that change of control might break. For startups, we make sure the intellectual property actually sits in the company investors are buying into, which is the single most common defect we find in Vietnamese venture deals.
Frequently asked questions
How long does trademark registration take in Vietnam?
Expect roughly 18 to 24 months from filing to certificate in the normal course. Protection dates back to the filing date, which is why filing early matters more than filing perfectly.
Can we stop counterfeits without going to court?
Usually yes. Administrative enforcement – raids, fines, destruction of goods – resolves most counterfeit cases faster and cheaper than litigation, and customs recordal stops repeat shipments at the border.
Who owns work created by our employees or freelancers?
Not automatically you. Vietnamese law splits economic and moral rights, and freelancer work in particular stays with the author unless the contract assigns it. We fix the templates before this becomes an expensive question.
