Duong & Tran Intellectual Property

Specialized in the field of intellectual property

  • Expert in patent translation
  • Effective dispute resolution
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Vietnam

Changes to Intellectual Property Customs Recordal under the Revised Customs Law

The Law Amending and Supplementing a Number of Articles of the Customs Law No. 11/2026/QH16, promulgated on 23 August 2026 and taking effect from 1 March 2027 (“Law No. 11”), introduces a number of important changes to the inspection, supervision and suspension of customs procedures applicable to imported and exported goods, and in particular to goods in transit, in connection with intellectual property (“IP”) rights. These changes represent a significant step forward for Vietnam, bringing its regulations closer to international practice. Some of the notable changes are as follows:

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Vietnam

Reduction and Simplification of Administrative Procedures and Business Conditions in the Field of Intellectual Property under Resolution No. 66.18/2026/NQ-CP

On 18 May 2026, the Government issued Resolution No. 66.18/2026/NQ-CP, effective from 1 July 2026 until the end of 28 February 2027, on the delegation of jurisdiction, reduction and simplification of administrative procedures and business conditions (Resolution 66.18). This Resolution is intended to implement the State’s policy on reducing and simplifying administrative procedures and business conditions in order to create more favorable conditions for the people and other subjects engaged in business and administrative activities in Vietnam. Following the issuance of this Resolution, specialized laws, including the Law on Intellectual Property (IP Law), and their guiding documents will also need to be amended accordingly to implement the contents of the Resolution.

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Vietnam

Notice and Stay-Down Policy Introduced into E-Commerce Law and its Guiding Regulations

The Law on E-Commerce, promulgated on 10 December 2025 and effective from 1 July 2026, and Decree No. 248/2026/ND-CP dated 30 June 2026 detailing a number of articles of the Law on E-Commerce, effective from 1 July 2026 (Decree 248), for the first time codify the “stay-down” principle in respect of violations in commercial transactions in the digital environment. Previously, the responsibility of intermediary service providers was regulated on a reactive basis, meaning that the obligation to remove infringing content only arose once notice of the infringement had been given (notice and take-down). The Law on E-Commerce and Decree 248 have introduced the responsibility of e-commerce platform operators on a proactive basis, specifically the responsibility to prevent the recurrence of infringements (notice and stay-down). In practice, repeat infringement occurs very commonly and at a high frequency in e-commerce activities. Immediately after infringing content is removed or access to it is blocked, infringers can easily re-upload the same infringing subject matter to the same e-commerce platform under a different account. As a result, rights holders have had to repeat the process of notice and take-down multiple times for the same infringing subject matter.

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