New regulations on the establishment of intellectual property rights
Vietnam has promulgated Decree No. 100/2026/NĐ-CP (“Decree 100”), dated 31 March 2026, which amends and supplements Decree No. 65/2023/NĐ-CP, together with Circular No. 10/2026/TT-BKHCN (“Circular 10”), issued on the same date to provide detailed guidance for the implementation of the Law on Intellectual Property and its implementing decrees. These instruments, effective from 01 April 2026, introduce significant updates to the legal framework governing the establishment and enforcement of intellectual property rights in Vietnam, with a focus on procedural efficiency, regulatory clarity, and adaptation to emerging technologies, particularly artificial intelligence.
Key Regulatory Developments:
1. Fast-Track Examination Mechanism
Decree 100 introduces a formal fast-track examination mechanism, allowing the substantive examination period for patent and trademark applications to be shortened in priority cases or upon request, subject to the payment of additional service fees.
2. Procedural Amendments and Reduced Response Periods
Circular 10 introduces notable amendments to the procedural framework governing IP applications:
Elimination of the formality acceptance decision: The requirement to issue a written decision on the acceptance of valid applications has been removed. Applications satisfying formal requirements will be updated in the electronic system and proceed directly to publication;
Reduction of statutory response periods: The deadline for applicants to respond to official notices is reduced from 03 months to 02 months, including for:
Rectification of formality deficiencies;
Responding to substantive examination results; and
Payment of grant and publication fees.
3. Introduction of Defined Opposition Periods
Circular 10 formally prescribes specific time limits for third-party opposition from the date of publication of an application, the applicable durations as follows:
Trademarks: reduced from 05 months to 03 months;
Patents: reduced from 09 months to 06 months;
Industrial designs: reduced from 04 months to 03 months.
These provisions establish clear and uniform timelines for opposition proceedings across different categories of industrial property rights.
4. Recognition of AI-Assisted IP and Digital Enforcement Measures
Decree 100 introduces provisions addressing AI-assisted creations and IP enforcement in the digital environment:
Recognition of AI-assisted IP assets: The amended framework expressly provides for the protection of intellectual property objects created with the assistance of AI. Applicants are required to disclose the extent of AI involvement in accordance with prescribed application forms;
Technology-based enforcement: Competent authorities are authorized to apply technical measures to detect and prevent acts of IP infringement in the online environment, including the use of automated monitoring mechanisms.
Strategic Outlook
Taken together, these reforms represent a substantial modernization of Vietnam’s IP regime, characterized by accelerated timelines, streamlined administrative procedures, and increased integration of digital and technological elements. While the new framework is expected to enhance efficiency and transparency, it also imposes heightened compliance obligations on applicants, particularly in relation to shortened deadlines and updated filing requirements. Its practical effectiveness will ultimately depend on consistent implementation; however, it clearly underscores Vietnam’s commitment to developing a more efficient, innovation-driven, and digitally responsive IP system aligned with international practice.
Source:
https://vanban.chinhphu.vn/?pageid=27160&docid=217505 (Vietnamese)
https://chinhphu.vn/?pageid=27160&docid=217533 (Vietnamese)
https://sonla.dms.gov.vn/tin-chi-tiet/-/chi-tiet/diem-moi-nghi-dinh-so-1002026nd-cp-
sua-doi-bo-sung-mot-so-dieu-cua-nghi-dinh-so-652023nd-cp-14124-
2607.html (Vietnamese)