ARTICLE · 28 JANUARY 2021

Vietnam IP Law Amendments

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Vietnam's IP law is undergoing amendment. Last week, multiple Ministries responsible for IP issues hosted a workshop to consult on the draft law with IP owners, IP firms and IP associations.

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Vietnam's IP law is undergoing amendment. Last week, multiple Ministries responsible for IP issues hosted a workshop to consult on the draft law with IP owners, IP firms and IP associations. The draft law amendments will help Vietnam comply with its new treaty requirements under the EU and UK Vietnam FTAs, as well as the two CPTPP and RECP treaties.

Some of the amendments include:

Copyright – a means to resolve royalty disputes with CMOs, clarity on parallel imports of copyright works and exhaustion of rights of IP owners to prevent subsequent distribution, clarity on exceptions and limitations.
Trade marks – expanding the definition to include sound marks, various procedural matters. The issue of bad faith was raised in the consultation.

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