On September 30, 2024, Vietnam’s Ministry of Science and Technology (MOST) issued Circular No. 06/2024/TT-BKHCN (“Circular 06”), amending and supplementing certain articles of Circular No. 11/2015/TT-BKHCN dated 26 June 2015. These two circulars are the primary guidance on Decree No. 99/2013/ND-CP and Decree No. 46/2024/ND-CP on administrative sanctions in industrial property. Circular 06, which will come into force on November 15, 2024, will improve the alignment between the recently amended IP Law and its subordinate legal instruments. Some of the notable amendments of Circular 06 are set out below. Clarification of Additional Sanctions: Circular 06 clarifies the application of the additional sanction of “full or partial suspension of production, trading, or service activities for 1 to 3 months”, which was recently amended in Decree No. 46/2024/ND-CP. It specifies that only activities directly related to the violating goods or services will be partially suspended. Preventive Measures for Domain Name Disputes: Circular 06 specifies the required documents for brand owners to request the preventive security measure of placing a temporary hold on the registration of domain names during enforcement action against cybersquatters. The introduction of this regime under Circular 06 is expected to enhance cooperation between the Vietnam Internet Network Information Center, domain name registrars, and enforcement authorities to place the temporary hold on infringing domain names. Unfair Competition Relating to Domain Names: Circular 06 outlines specific requirements to prove unfair competition involving the possession and use of Vietnamese domain names that are identical or confusingly similar to another person’s registered trademark, trade name, or geographical indication. However, the regime established by Circular 06 does not fully align with the Uniform Domain Name Dispute Resolution Policy (UDRP) mechanism, a standard procedure for the settlement of domain name disputes that Vietnam is obligated to adhere to under the Comprehensive and Progressive Agreement

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.

Experts from Tilleke & Gibbins’ intellectual property team have written the Vietnam chapter of Practical Law’s Intellectual Property Transactions Global Guide 2022, a high-level comparative overview of intellectual property laws and regulations across more than 30 jurisdictions. The Intellectual Property Transactions Global Guide 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. The topics covered include the following: IP assignment IP licensing Research and development collaborations IP audits IP aspects of M&A Lending and security interests Settlement agreements Employee and consultant agreements Key issues in IP transactions To read the Vietnam chapter, please visit the Practical Law website or click on the link below.

On June 16, 2022, Vietnam’s National Assembly ratified the latest amendment of the country’s Intellectual Property Law, which will take effect on January 1, 2023 (except for the provisions on sound marks, which took retroactive effect on January 14, 2022, and the provisions on test data protection for agrochemicals, which will come into force on January 14, 2024). For the amended IP Law to be enforced consistently and efficiently, the government is actively working to issue a decree guiding the implementation of the amended IP Law (the “new decree”). The new decree, after being ratified, will also take effect on January 1, 2023, replacing Decree No. 103/2006/ND-CP and Decree No. 105/2006/ND-CP, two decrees issued in 2006 to guide the previous IP Law of 2005. Due to the urgency of promulgating a legislative document conforming with the amended IP Law when it takes effect, the government will formulate and promulgate the new decree under a simplified procedure. The drafting agency circulated the first draft of the new decree to seek opinions from concerned parties on October 10, 2022. The new decree is seen as comprehensive guidance to key aspects of the IP Law, including the establishment and enforcement of industrial property rights, IP representation, measures to promote IP activities, IP-related export and import control; IP assessment, and state management of intellectual property. The new decree generally consolidates provisions of the two previous decrees without many changes. The highlight of the new decree is some new provisions on controlling security for patents and secret patents (Article 14); Hague applications for industrial designs (Articles 22, 23, 24) and cancellation/invalidation of Hague registrations for industrial designs (Article 32.5); and compensation for patent owners (Article 43). The new decree is currently being reviewed by the drafting agency before submission for appraisal and validation, and