On 16 June 2022, the National Assembly passed the Amended Law on Intellectual Property, which will introduce significant changes to the existing 2005 law. Save for some limited provisions, the amended law will come into effect on 1 January 2023.
In the field of copyright and related rights, the amending law expands the scope of permitted use of such rights. It also provides clarity on the extent of an intermediary's liability for infringement, as well as applicable safe harbour principles.
In the field of trademarks, the amending law now enables the protection of sound marks. This provision was introduced in line with Vietnam's accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
The amending law also introduces further regulations that facilitate the enforcement of IP rights by aggrieved parties. These include regulations relating to the express right of the authorities to levy administration sanctions for violations of the amended law.
