An industrial property protection title is understood as a certificate issued by a competent state agency to recognize the industrial owner. The law regulates the scope and term of protection for each specific object of industrial property. During the period of using this certificate, the owner must pay a usage fee. However, in reality, many customers have difficulty determining how much the fee must be paid. To answer customers’ questions, Industrial Property Representative – Viet An Law Firm would like to present the following article on fees for using industrial property protection title in Vietnam under the current IP Law (issued in 2005, as amended and supplemented in 2009, 2019, 2022).
Legal basis guiding for IP state using fee
- Decree 65/2023/ND-CP detailing several articles and measures to implement the Law on Intellectual Property, industrial property, protection of industrial property rights, rights to plant varieties, and state management on intellectual property;
- Circular 263/2016/TT-BTC regulates the rates, collection, payment, management, and use of industrial property state fees, amended and supplemented by Circular 31/2020/TT-BTC.
Industrial property protection title
Clause 25, Article 4 of the Intellectual Property Law stipulates that a protection title is a document to establish industrial property rights over patents and industrial designs, layout design, trademarks, geographical indication; and rights to plant varieties under the IP law.
Industrial property protection plays an important role in promoting trade, ensuring the investment environment, maintaining competitive advantage and national interests, and playing a significant part in preventing infringement and protecting the legitimate rights and interests of the owner. It has become one of the important and indispensable contents in most international investment and trade agreements that Vietnam has been and will participate in negotiating and signing.
In Vietnam, the practice of industrial property protection in recent years has shown its importance, especially in the integration trend.
Classification of protection titles in Vietnam
According to Article 92 of the Intellectual Property Law, a protection title is the common name of a document recording industrial property rights, which includes:
- Patents;
- Utility solution;
- Industrial design;
- Certificate of registration of semiconductor integrated circuit layout design;
- Trademark registration certificate;
- Geographical indication registration certificate.
Content of protection title
The protection title records the owner of the invention, industrial design, layout design, and trademark (hereinafter referred to as the protection title owner); author of inventions, industrial designs, layout designs; object, scope, and term of protection.
The geographical indication protection title recognizes the organization managing the geographical indication, the protected geographical indication, the specific nature of the product bearing the geographical indication, the specific nature of geographical conditions, and geographical areas bearing geographical indications.
Validity of industrial property protection title in Vietnam
Protection titles are valid throughout the territory of Vietnam. The validity period depends on the different types of protection titles, specifically:
| No | Type of title | Validity |
| 1 | Patent | From the date of issue and lasting until 20 years from the date of application. |
| 2 | Utility solutions | From the date of issue and lasting until 10 years from the date of application. |
| 3 | Industrial design patent | From the date of issue and lasting until the end of 05 years from the date of application. |
| 4 | Certificate of registration of semiconductor integrated circuit layout design | From the date of issue and termination on the earliest of the following dates:
– End of 10 years from the date of application; – End of 10 years from the date the layout design is registered for commercial exploitation by the person with the right or the person authorized by that person for the first time anywhere in the world; – End of 10 years from the date of creation of the layout design. |
| 5 | Trademark registration certificate | From the date of issue until the end of 10 years from the date of application. |
| 6 | Geographical indication registration certificate | Indefinite from the date of issue |
Fees for using industrial property protection title in Vietnam
According to the provisions in section B of the Table of Industrial Property state fees issued together with Circular 263/2016/TT-BTC, the fee for using the Protection Title is regulated following each different type of protection title, during the period of using the protection title, the owner must pay a fee for using the protection title for patent and utility solutions. As for other subjects (trademarks, industrial designs), this fee must only be paid when there is a need to extend according to the provisions of the law. Layout designs and geographical indications are not subject to payment of fees for using protection titles. Specific regulations are as follows:
Fees for using patent and utility solutions protection titles
For inventions and utility solutions, using fees are calculated for each independent point of the protection claim for each year, accordingly:
| Year | Fee for using protection title |
| Years 1-2 | 300,000 (three hundred thousand) VND/year/point |
| Years 3-4 | 500,000 (five hundred thousand) VND/year/point |
| Years 5-6 | 800,000 (eight hundred thousand) VND/year/point |
| Year 7-8 | 1,200,000 (one million two hundred thousand) VND/year/point |
| Year 9-10 | 1,800,000 (one million eight hundred thousand) VND/year/point |
| Years 11-13 | 2,500,000 (two million five hundred thousand) VND/year/point |
| Year 14-16 | 3,300,000 (three million three hundred thousand) VND/year/point |
| Years 17-20 | 4,200,000 (four million two hundred thousand) VND/year/point |
Fee for use of trademark protection title
The state stipulates that, for trademarks, the fee for using the protection title calculated for each group of goods/services for 10 years is 700,000 (seven hundred thousand) VND.
Fee for use of industrial design protection title
For industrial designs, the usage fee calculated for each option of each product for 5 years is 700,000 (seven hundred thousand) VND.
Note: It does not regulate fees for using protection titles for objects such as semiconductor integrated circuit layout designs and geographical indications.
Services on industrial property protection of Viet An Law – IP Representation in Vietnam
With extensive experience, Viet An Law – IP Representation in Vietnam can assist you in protecting industrial property. Services include:
- Consulting on establishing rights for trademark registration applications, copyrights, industrial designs, patents, utility solutions, geographical indications,… in Vietnam and abroad;
- Consulting on extending protection titles for trademarks, industrial designs, patents, and utility solutions;
- Consulting on procedures for transferring applications and transferring diplomas related to trademarks, industrial designs, inventions, and utility solutions;
- Opposing applications for granting certificates for applications for registration of trademarks, industrial designs, inventions, and utility solutions;
- Research the status of trademark use, and declare trademark invalidation in Vietnam;
- Representing owners to complain and handle violations related to ownership of trademarks, industrial designs, inventions, and utility solutions;
- Consulting on licensing contracts and technology transfer related to intellectual property rights;
- Commercial franchising and transfer of ownership rights related to trademarks, industrial designs, inventions, and utility solutions;
- Consulting and brand valuation;
- Intellectual property rights assessment services.
Clients who need advice on fees for using industrial property protection title in Vietnam, please contact Industrial Property Representative – Viet An Law Firm for the best support.
