Intellectual Property Terms and Renewal Process in Vietnam

Intellectual Property (IP) plays an important role in protecting the creations and intellectual labor achievements of individuals and businesses. The protection of IP rights not only encourages innovation and creativity but also helps organizations build competitive advantages in the market, enhance brand value, and increase business profits. However, unlike ownership rights over ordinary physical assets, IP rights are always limited by a certain protection period. To maintain the validity of IP rights, owners need to pay special attention to renewing them on time according to legal regulations. In this article, Viet An Law will help you understand intellectual property terms and the renewal process in Vietnam.

Protection period of various intellectual property rights

According to the Vietnam Intellectual Property Law, IP rights include three main groups: copyright, industrial property rights, and rights to plant varieties. Each type has a different protection period.

Below is a clear and understandable presentation of the protection period for copyright and related rights according to the current Intellectual Property Law:

Protection period for copyright

According to Article 27 of the current Intellectual Property Law, the protection period for copyright is specifically regulated as follows:

• Moral rights (except the right to publish the work) are protected indefinitely.
• The right to publish the work and property rights are protected for a limited period, specifically:
  • Cinematographic works, photographic works, applied art works, anonymous works: the protection period is 75 years from the first publication of the work. If the work is not published within 25 years of its creation, the protection period is 100 years from its creation.
  • Other works (literature, music, stage, painting, etc.) are protected for the lifetime of the author and 50 years following the year of the author’s death. In the case of works with co-authors, the protection period ends in the 50th year after the last co-author’s death.

Protection period for related rights

According to Article 34 of the current Intellectual Property Law, the protection period for related rights is specifically regulated as follows:

• Performers’ rights: protected for 50 years from the year following the year the performance is fixed, or from the year following the year the performance is carried out (if the performance is not fixed).
• Producers of phonograms and video recordings: protected for 50 years from the year following the year the phonogram or video recording is first published or from the year following the year the phonogram or video recording is fixed (if not published).
• Broadcasting organizations: protected for 50 years from the year following the year the broadcast program is carried out.

Protection period for industrial property rights

Legal basis: articles 93, 94, 95 of the current Intellectual Property Law, amended and supplemented in 2022.

• Patents: the protection period for patents is 20 years, and for utility solutions is 10 years, from the filing date of the protection application.
• Industrial designs: the protection period for industrial designs is 5 years from the filing date and can be renewed consecutively up to 2 times, each time for 5 years, with a maximum protection period of 15 years.
• Trademarks: the protection period for trademarks is 10 years from the filing date and can be renewed multiple times consecutively, each time for 10 years without limit on the number of renewals.
• Geographical indications: the protection period for geographical indications is indefinite, from the date of issuance of the protection certificate, as long as the conditions regarding quality and specific characteristics that create the reputation of the geographical indication are maintained.

Protection period for plant variety rights

Legal basis: Article 169 of the current Intellectual Property Law, amended and supplemented in 2022. The protection period for plant variety rights is calculated from the date of issuance of the protection certificate, specifically:

• 25 years for woody plants and grape varieties.
• 20 years for all other plant varieties.

Note: The protection period for plant variety rights cannot be renewed.

Renewal process and conditions for intellectual property rights

Not all types of intellectual property rights can be renewed. According to the provisions of the current Intellectual Property Law (amended and supplemented in 2009, 2019, and 2022) and the guiding documents, only certain subjects, such as trademarks and industrial designs, can have their protection validity renewed. To continue maintaining their rights, owners of these rights must strictly comply with the renewal process and deadlines as outlined in the intellectual property terms and renewal process in Vietnam.

Renewal of trademark protection

Renewal documents include:

• Application for renewal of the validity of the trademark registration certificate (according to the prescribed form).
• Original trademark registration certificate.
• Proof of payment of all applicable state fees.

Renewal application deadline:

• The owner must submit the renewal application within 6 months before the expiration date stated on the trademark registration certificate.
• If the owner misses this deadline, the law allows late renewal within 6 months from the expiration date, but the owner must pay an additional late fee.

Renewal of industrial design protection

Renewal documents include:

• Application for renewal of the validity of the industrial design registration certificate (according to the prescribed form).
• Original industrial design registration certificate.
• Proof of payment of renewal state fees according to the current fee schedule.

Renewal application deadline:

• The renewal application must be submitted within 6 months before the expiration date stated on the industrial design registration certificate.
• If the owner misses this deadline, late renewal can still be done within 6 months from the expiration date, but an additional late fee must be paid according to regulations.

Complying with the requirements for the renewal process, documents, and deadlines for intellectual property rights as outlined in the intellectual property terms and renewal process in Vietnam helps owners avoid legal risks, maintain continuous protection validity, and ensure legal, commercial, and competitive benefits.

Legal consequences of not renewing intellectual property rights on time

Failure to renew intellectual property rights on time will result in the expiration of these rights, leading to serious consequences such as:

Loss of exclusive protection rights:

• For trademarks and industrial designs: When the protection expires without renewal, other businesses have the right to legally register and use them, causing the original business to lose its competitive advantage.
• For patents: When patent rights expire due to non-renewal, any individual or organization is free to exploit and use the invention without permission or payment to the original owner.

Damage to brand and business reputation

Losing trademark rights can lead to market confusion, making it difficult for customers to distinguish between genuine products and those of competitors. This causes significant damage to the brand, reduces market share, erodes customer trust, and severely impacts revenue and profits.

Difficulty in re-registration

If intellectual property rights are canceled due to non-renewal, the business will have to re-register from the beginning. This not only incurs additional costs and time but also faces the risk of rejection if a third party quickly registers first, causing the business to permanently lose ownership and use of its intellectual property assets.

Therefore, businesses need to pay special attention to complying with the renewal deadlines for intellectual property rights to protect their assets, brand, and business advantages.

The above is some advice from Viet An Law on some intellectual property terms and the renewal process in Vietnam. If you have any questions about this service or legal issues related to intellectual property rights, please contact us for timely support.