Duong & Tran Intellectual Property

Specialized in the field of intellectual property

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Vietnam

Decision No. 1782/QD-BCT on the Action Plan to Improve the Effectiveness of Administrative Enforcement of Intellectual Property Rights of the Ministry of Industry and Trade for the 2026–2027 Period

On 17 July 2026, the Ministry of Industry and Trade (MOIT) issued Decision No. 1782/QD-BCT on the action plan to improve the effectiveness of administrative enforcement of intellectual property (IP) rights by MOIT for the 2026–2027 period (Decision 1782). MOIT is the line ministry of the Market Surveillance Authority (MS), which is one of the authorities responsible for handling administrative violations of IP rights. Accordingly, Decision 1782 will directly affect the handling of administrative IP violations by MS and a number of other cooperating authorities, such as the Copyright Office and the Intellectual Property Office of Vietnam (IPVN), in the coming period.

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Vietnam

Vietnam Further Relaxes Requirements on Foreign Filing Licenses for Patents under the 2025 Amendment to the Law on Intellectual Property

Following the relaxation of security control requirements for patents under the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (the IP Law), the 2025 Law Amending and Supplementing a Number of Articles of the IP Law, effective from 1 April 2026, further relaxes the security control requirements for patents, specifically by no longer requiring an applicant to file the first domestic patent application before being permitted to file a corresponding patent application abroad. Instead of filing the first domestic patent application, where an invention/utility solution is subject to security control, the applicant now only needs to file a request for license to file a patent application abroad (foreign filing license) with the Ministry of National Defense or the Ministry of Public Security. In addition, the scope of inventions/utility solutions subject to foreign filing license has been narrowed, now applying only to inventions/utility solutions falling under the list of state secrets. These amendments, in particular the removal of the requirement to file the first domestic patent application before filing a patent application abroad, represent significant progress, reducing the time, effort and cost for rights holders whose inventions/utility solutions are subject to security control but who have no need to file a patent application in Vietnam. Set out below is a summary of certain amendments relating to this requirement.

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