Duong & Tran Intellectual Property

Specialized in the field of intellectual property

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Vietnam

Decision No. 2558/QD-BVHTTDL Emphasizes the Lead Role of the Department of Cultural Industries and Copyright in Handling Infringement of Copyright and Related Rights

On 30 September 2026, the Minister of Culture, Sports and Tourism issued Decision No. 2558/QD-BVHTTDL (“Decision 2558”) defining the functions, tasks, powers and organizational structure of the Department of Cultural Industries and Copyright (the “Department”). Decision 2558 takes effect from its date of signing and replaces Decision No. 693/QD-BVHTTDL dated 18 March 2025 on the same subject. The most notable issue is that Decision 2558 emphasizes the lead role of the Department of Cultural Industries and Copyright (formerly the Copyright Office) in handling infringment of copyright and related rights.

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Vietnam

Notice No. 4863/TB-SHTT of Intellectual Property Office of Vietnam to Clarify the Transition Provisions of the Law Amending Intellectual Property Law in 2025

On 5 October 2026, Intellectual Property Office of Vietnam (IPVN) issued Notice No. 4863/TB-SHTT (Notice 4863) to clarify the transition provisions of the Law amending Intellectual Property Law in 2025 (2025 amended IP Law) and Circular 10/2026/TT-BKHCN (Circular 10), wherein the unclear issue regarding the term “at the time of filing” has been clarified as “international filing date” for PCT applications. Accordingly, the new shortened 36-month deadline for requesting substantive examination (counted from the earliest priority date (if there is priority claimed) or from the filing date (if there is no priority claimed)) will be applied for PCT applications having an international filing date from 1 April 2026.

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Vietnam

Vietnam: Add a New Ground for Invalidation of Patent

A new ground for invalidation of patent relating to inventors has been added to the 2025 Vietnam’s Law Amending the Intellectual Property Law (the “Amending IP Law”) which came into effect from 1 April 2026. Particularly, a patent can be invalidated if the inventor(s) do/does not meet the requirements set forth in Article 122(1) of the IP Law. Article 122(1) of the IP Law specifies that an inventor of an invention is the natural person who directly created the invention; where two or more persons have jointly and directly created the invention, they are co-inventors. Accordingly, in case the inventor(s) is/are not natural person(s), a patent can be invalidated. This added ground aims to provide legal basis for invalidation of patent in case the invention is created by artificial intelligence (AI). Below is a summary of grounds and competent authorities who handle invalidation of patent under the current IP Law and other laws.

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