On August 23, 2023, the Vietnam Government promulgated Decree No. 65/2023/ND-CP detailing several articles and the implementation of the Intellectual Property Law 2022 (“amended IP Law 2022”) regarding industrial property rights, protection of industrial property rights, rights to plant varieties, and state management of intellectual property (“Decree No. 65”). Decree No. 65 replaces Decree No. 103/2006/ND-CP (dated September 22, 2006), detailing and guiding the implementation of several articles of the IP Law (amended) with regards to protection of industrial property rights, rights to plant varieties, and state management of intellectual property in Decree No. 105/2006/Decree-CP dated September 22, 2006, detailing and guiding the implementation of several articles of the Intellectual Property Law on the protection of intellectual property rights and state management of intellectual property (amended).

Additionally, several provisions of Circular No. 01/2007/TT-BKHCN guiding the implementation of Decree No. 103/2006/ND-CP, and all provisions of Circular No. 01/2008/TT-BKHCN (amended) guiding the grant and revocation of industrial property assessor cards and certificates of organizations eligible to operate in industrial property assessment, both of which were promulgated by the Ministry of Science and Technology, have also been consolidated in this Decree.

Accordingly, Decree 65 stipulates details and measures to implement the provisions of the Intellectual Property Law on the establishment, subject, content, limitation of industrial property rights, transfer of industrial property rights, industrial property representation, and measures to promote industrial property activities. Moreover, this Decree also stipulates how to: (i) determine acts of infringement, nature, and extent of infringement of industrial property rights, rights to plant varieties; (ii) determine damage, request and settle requests for handling infringement; (iii) handle infringement of industrial property rights, rights to plant varieties; (iv) control exports and imports related to industrial property rights, rights to plant varieties; (v) industrial property assessment, rights to plant variety planting, and state management of intellectual property.

As of the effective date of the amended and supplemented Intellectual Property Law of 2022 (January 1, 2023), guiding documents have not been issued. Thus, this is a much-anticipated Decree. With effect from the date of signing, August 23, 2023 (Decree 65 is promulgated according to expedited procedures in accordance with the Law on Promulgation of Legal Documents), the contents of this Decree shall be immediately in full force and effect, especially procedures related to the establishment of industrial property rights.

Therefore, together with Decree No. 17/2023/ND-CP dated April 26, 2023, detailing several articles and implementation of the Intellectual Property Law regarding copyrights and related rights, Decree No. 65 will establish a complete legal framework, a necessary basis for the implementation and enforcement of the Intellectual Property Law (amended and supplemented in 2022).