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Intellectual property (IP) risks in Vietnam are increasing rapidly. Businesses may face inspections, administrative penalties, damages claims, reputational harm, or concerns raised by foreign partners if they cannot demonstrate the lawful use of copyright in Vietnam, software, trademarks, patents, industrial designs, and other intellectual property assets.
These risks have become even more significant as the United States has officially initiated a Section 301 investigation into Vietnam’s policies and practices regarding intellectual property protection and enforcement.
For businesses exporting to the United States, working with U.S. customers, receiving U.S. investment, or participating in the supply chains of multinational corporations, this development may result in stricter compliance reviews, enhanced scrutiny of intellectual property documentation, increased pressure from customers and buyers, and, in the worst-case scenario, impacts on trade costs, tariffs, or market access conditions.
Sharp Increase in Intellectual Property Enforcement Actions
Within only approximately three weeks following the launch of the nationwide enforcement campaign under Official Dispatch No. 38/CD-TTg issued by the Prime Minister, authorities detected and handled 1,438 intellectual property infringement cases, including 1,146 administrative enforcement cases and 28 criminal prosecutions. Total administrative fines exceeded VND 12.6 billion, while the value of infringing goods identified reached approximately VND 35.7 billion.
Potential risks may arise from software lacking sufficient licenses, images or marketing content used without proper authorization, trademarks that have not been adequately reviewed, packaging or product names that may infringe third-party rights, products incorporating patented technologies or protected industrial designs, or employment, agency, and contractor agreements that fail to clearly define intellectual property ownership.
To help businesses proactively identify and address these risks before inspections, warning letters, partner due diligence requests, or disputes arise, ASL LAW has launched its IP Compliance Audit Program.
How ASL LAW Can Assist Your Business
ASL LAW can support businesses with top-tier Intellectual Property Services:
• Reviewing risks relating to software, trademarks, copyrights, patents, industrial designs, and internal intellectual property assets;
• Examining license records, agreements, invoices, assignment documents, and evidence of lawful use;
• Assessing potential infringement risks involving third-party intellectual property rights;
• Developing a practical 30–60–90 day remediation plan;
• Standardizing contracts, internal procedures, and compliance documentation;
• Assisting businesses in responding to inspections, warning letters, complaints, disputes, or compliance review requests from foreign partners.
ASL LAW is recognized as a leading Vietnam Intellectual Property Law Firm by Legal 500, WTR, AsiaLaw, Managing IP/IP Stars, and Asian Legal Business. The firm also has extensive experience representing and protecting the copyright interests of numerous international software companies in Vietnam.
The Best Intellectual Property Compliance Strategy Is Compliance Before Risks Become Legal Disputes
Businesses interested in assessing their intellectual property compliance risks may contact ASL LAW to register for a preliminary IP compliance assessment HERE.
ASL LAW Intellectual Property Team
• Pham Duy Khuong – Recognized by Legal 500 as one of the four leading intellectual property agent in Vietnam.
• Do Ba Thich – An Vietnam intellectual property agent highly ranked and recognized by prestigious international organizations, including ALB, Managing IP, and WTR.
• Duyanh Tran – A U.S. attorney and intellectual property expert who currently oversees ASL LAW’s operations in the United States.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
