Complying with IP rights for global integration

Compliance with intellectual property (IP) rights is regarded as a core requirement and an essential “passport” for Vietnam to integrate more deeply and extensively into the global economy, particularly as the new-generation free trade agreements to which the country is a party impose high and comprehensive protection standards. Such compliance not only helps minimize legal risks but also promotes innovation, attracts investment, and enhances the national brand value.

Solar Thermal Joint Stock Company (Long Binh ward) prioritizes IP registration for its products. Photo: Vuong The

The recent decision by the United States (US) to place Vietnam in the highest warning category for IP monitoring has drawn special attention from both regulatory agencies and enterprises.

Tightening the enforcement of IP rights

On April 30, 2026, the Office of the US Trade Representative (USTR) released the 2026 Special 301 Report on the protection and enforcement of IP rights in US trading partners. In the report, Vietnam was designated a “Priority Foreign Country” (PFC), the highest level of warning under the Special 301 mechanism. This also marked the first time in 13 years that the US had imposed the highest warning level on a trading partner, following Ukraine in the 2013 report.

The USTR highlighted five issues concerning Vietnam, including copyright infringement in the digital environment; counterfeit and pirated goods; weak border enforcement; the use of unlicensed software by enterprises; and the absence of criminal sanctions against the theft of encrypted television and satellite signals. These issues continue to occur frequently in the country, particularly the problem of counterfeit and pirated goods.

According to Dau Anh Tuan, Deputy Secretary General and Head of the Legal Department of the Vietnam Chamber of Commerce and Industry (VCCI), the Special 301 Report is not merely a matter of legal or tariff risks. It serves as a reminder that IP has become an integral part of modern governance and long-term competitiveness. Enterprises that regard compliance as an investment rather than a cost will be better positioned to advance in a global trading environment where rules are becoming increasingly unpredictable.

Looking at the reality objectively, in recent years, Vietnam has amended the IP Law, strengthened inter-agency coordination, and intensified inspections in the digital environment. These efforts are substantive and should be assessed more fully and objectively by the US side.

Immediately after the release of the Special 301 Report, on May 5, Prime Minister Le Minh Hung issued Official Dispatch No. 38/CĐ-TTg on intensifying the implementation of measures to combat, prevent, and handle acts of IP rights infringement, requiring the vigorous implementation of measures to combat, prevent and handle IP rights infringement.

This action by the Government is regarded as a necessary step amid the continued complexity of IP rights infringement in the digital environment and in the circulation of goods. As Vietnam continues to expand its economic relations with countries around the world, compliance with IP rights is no longer solely a matter for regulatory agencies but has become a direct requirement for enterprises.

Compliance with the rules is essential for integration Dau Anh Tuan noted that in recent years, Vietnam has made significant efforts to improve the legal framework and strengthen the enforcement of IP rights, including amendments to the IP Law, enhanced inter-agency coordination in handling violations, and the implementation of inspection and review measures in the digital environment and in the circulation of goods.

According to Tuan, this is a crucial time for enterprises to strengthen reviews of compliance with IP laws across all production, business, and export activities, particularly for those with markets, partners, or supply chains closely linked to the US. For enterprises, IP is not only a legal matter but also an integral component of modern governance and long-term competitiveness.

IP issues are attracting increasing attention not only from large enterprises and export-oriented manufacturers but also from startups and local small and medium-sized enterprises. Le Thanh Cong, Director of Mr Cong Moc Coffee Export Trading and Service Co., Ltd. in Long Khanh ward, said the company has been making efforts to research and develop high-quality and specialty coffee product lines. Therefore, the company consistently focuses on building its own brand while striving to obtain important certifications such as OCOP (One Commune One Product), green and innovation certifications.

Sharing the same view as Dau Anh Tuan, lawyer Le Quang Vinh, Director of Bross & Partners Intellectual Property Joint Stock Company in Hanoi, said that an economy seeking to develop on the basis of quality, branding, and innovation cannot allow counterfeit goods, IP-infringing goods, and acts of misappropriating reputation to undermine market confidence. Therefore, improving the standards of IP enforcement is not merely about handling more cases or imposing heavier penalties, but also about correctly identifying the nature of violations, applying appropriate enforcement measures, and promptly protecting the competitive value of enterprises and localities.

According to experts, enterprises need to review themselves calmly but without delay. Areas requiring attention include whether the software currently in use is fully licensed; whether images, trademarks, packaging, and promotional content comply with legal regulations; who owns the data, designs, and technical documents and who is authorised to use them; whether e-commerce platforms, digital platforms, and storage services have procedures in place for receiving and removing infringing content; and the level of transparency and digitisation of supply chain records for export goods.

By Vuong The – Translated by Minh Hong, Thu Ha