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ARTICLE · 21 MAY 2024

Vietnam Issues New Decree On Administrative Sanctions In Industrial Property

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

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Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm...

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On May 4, 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP ("Decree 46") amending and supplementing certain articles of Decree No. 99/2013/ND-CP dated August 29, 2013...

VietnamIntellectual Property
Thuy Thi Ngoc Huynh
Thuy Thi Ngoc Huynh
Giang Hoang Bach
Giang Hoang Bach
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On May 4, 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP (“Decree 46”) amending and supplementing certain articles of Decree No. 99/2013/ND-CP dated August 29, 2013, on administrative sanctions in industrial property, as amended and supplemented in 2021 (“Decree 99”). Decree 46, which will come into force on July 1, 2024, is designed to bring Decree 99 in line with the amended IP Law of 2022.

Some of the notable amendments of Decree 46 are discussed below.

New Infringing Acts

Decree 46 added the following new infringing acts subject to sanctions, which had not been set out in the former decree:

  • Use of patents, utility solutions, layout designs, or industrial designs without paying compensation according to the provisions on temporary rights specified in Article 131 of the amended IP Law.

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