Decree No. 100/2026/ND-CP Amending Regulations on Industrial Property and Intellectual Property Management in Vietnam
On March 31, 2026, the Government of Vietnam issued Decree No. 100/2026/ND-CP, amending Decree No. 65/2023/ND-CP on the implementation of several provisions of the Law on Intellectual Property concerning industrial property rights, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
The Decree provides further guidance for the implementation of Law No. 131/2025/QH15, particularly in relation to industrial property, intellectual property enforcement, plant variety rights, geographical indications, and administrative procedures. It addresses several important areas, including the establishment of industrial property rights for subject matters created with the use of artificial intelligence systems, the termination of the exercise of later-arising intellectual property rights where they conflict with earlier rights, and the management and commercial utilization of intellectual property assets.
A key feature of the Decree is its focus on digital transformation in intellectual property activities. It provides for the development of databases and shared digital platforms serving state management of intellectual property, including databases on industrial property, geographical indication management, intellectual property transaction prices, and protection of intellectual property rights. The Decree also recognizes electronic results of administrative procedures as having the same legal validity as paper-based results.
The Decree further introduces provisions on expedited substantive examination for certain invention and trademark applications, procedures for security control of inventions before filing abroad, registration of contracts for the transfer of rights to use industrial property subject matters, and re-issuance or issuance of duplicates of protection titles and related certificates.
In addition, the Decree strengthens the framework for geographical indication management, industrial property representation services, assessment of industrial property rights and plant variety rights, and the handling of goods bearing counterfeit trademarks. These amendments contribute to the modernization of Vietnam’s intellectual property system and support a more transparent, efficient, and digitally connected IP administration framework.
