Validity of industrial property rights protection titles

Pursuant to the provisions of Article 6 of the 2005 Intellectual Property Law, as amended in 2009, the validity of an industrial property protection title is specified as follows:

• Protection titles shall be valid throughout the entire territory of Vietnam.

• An invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

• A utility solution patent shall be valid from the grant date until the end of ten (10) years after the filing date.

• An industrial design patent shall be valid from the grant date until the end of five (5) years after the filing date and may be renewed for two consecutive terms, each of five (5) years.

• A certificate of registered design of semi-conducting closed circuits shall be valid from the grant date until the earliest date among the following:

  • The end of ten (10) years after the filing date.

  • The end of ten (10) years after the date the layout design was first commercially exploited anywhere in the world by a persons with the registration right or his or her licensee.

  • The end of fifteen (15) years after the date of creation of the layout design.

• A certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date and may be renewed for many consecutive terms, each of ten (10) years.

• A certificate of registered geographical indication shall have indefinite validity starting from the grant date.

Legal basis

• Law on Intellectual Property 2005.

• Law on Intellectual Property 2005 revised 2019.

Organizations and individuals need to understand the legal provisions of the validity of the certificate of trademark registration, including but not limited to space and time. In order to ensure compliance and optimize their legal rights and interests.