Experts from Tilleke & Gibbins’ intellectual property team have contributed an updated Intellectual Property Transactions in Vietnam to Thomson Reuters Practical Law, a high-level comparative overview of  laws and regulations across multiple jurisdictions. Intellectual Property Transactions focuses on business-related aspects of intellectual property, such as the value of intellectual assets in M&A transactions, and the licensing of IP portfolios. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations. IP audits. IP aspects of M&A: Due diligence, warranties/indemnities, and transfer of IPRs. Employee and consultant agreements. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Vietnam overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

Appeals of unfavorable decisions on protection in the IP field are very common in Vietnam. In 2023, there were 845 appeals filed at the IP Office, including 780 trademark appeals. In most cases, however, applicants view the appeal procedure as almost a last resort, as the lengthy examination process can lead to serious delays in appeal settlement. In fact, it can take four to seven years, or even longer, for an appeal to be resolved, and a disappointingly low number of cases are settled each year, despite the towering number of appeals pending. Nonetheless, there are reasons for optimism. Inspection and Appeal Department On 1 July 2024, the IP Office issued Decision No. 575/QD-SHTT promulgating the Regulations on Organization and Operation of the Inspection and Appeal Department – formerly the Enforcement and Appeal Department – whose functions include, among others, advising and assisting the Director General of the IP Office in resolving appeals related to the process of establishing IP rights. The Inspection and Appeal Department has the duty to handle appeals and denunciations related to the process of establishing IP rights, as well as requests for termination and cancellation of the validity of registrations. In addition, it can provide expert opinions, and appoint knowledgeable personnel to participate in the IP Office’s Advisory Council to settle appeals. While the renamed department’s responsibilities do not differ greatly, on paper, from those of the previous Enforcement and Appeal Department, the issuance of new regulations indicates the IP Office’s renewed focus on the importance of improving the appeal procedure. Scope of IP appeals expanded In addition, in November 2023, the Ministry of Science and Technology issued Circular No. 23/2023/TT-BKHCN (“Circular 23”) providing further guidance for implementation of the amended 2022 IP Law and its subordinate legislation. Article 35 of Circular 23 has

Attorneys from Tilleke & Gibbins in Vietnam have provided an updated Vietnam chapter for Fashion Law 2024, a guide to law surrounding the business of fashion in jurisdictions around the world. The guide, which covers 20 key jurisdictions in the global fashion industry, offers insights into local legal frameworks for a range of issues, such as brand enforcement and protection, e-commerce and marketing, and sustainability. The Vietnam chapter of Fashion Law 2024 provides detailed information on the following topics: Main intellectual property rights for fashion products Contractual arrangements in manufacturing, distribution, and advertising Regulations and enforcement of online marketing Unfair competition rules and judicial interpretation Specific regulations on sustainability and ESG in fashion Special import and export rules for fashion products The full Vietnam chapter is available for free through the button below and on the Global Legal Post website. Tilleke & Gibbins also contributed the Thailand chapter to the guide.

The newly released Licensing 2024 guide, published by Lexology Panoramic, features a chapter on Vietnam by four licensing specialists from Tilleke & Gibbins. The comparative guide provides companies and other interested readers with information on licensing law and practice in various countries around the world. Licensing 2024 provides detailed information on the following topics: Restrictions, laws and licensing arrangements Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Vietnam chapter was authored by Linh Thi Mai Nguyen, partner and head of Tilleke & Gibbins’ trademark team in Vietnam; Son Thai Hoang, trademark executive; and Chi Lan Dang, associate, of Tilleke & Gibbins’ trademark team, along with corporate and commercial senior associate Tu Ngoc Trinh, who has extensive experience in franchising and competition law. The Vietnam chapter is available below as a PDF. Tilleke & Gibbins also contributed the Thailand chapter to Licensing 2024. Readers can gain 30 days of complementary access to the full Licensing 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.