The Vietnamese Government promulgated Decree No. 54/cp to bring their IP law into compliance with the provisions of the TRIPs Agreement. The principal features of the Decree are summarized below.

Geographical indications, trade secrets and trade names may be protected without registration if they satisfy the conditions outlined in the Decree.

Owners of trade secrets, trade names and entities having the right to use geographical indications may take steps to restrain third parties from committing acts of infringement of their rights and may also seek compensation for damages.

Entities who suffer damages or likelihood of damages as a result of unfair competition in relation to their intellectual property may take steps to restrain third parties from committing such acts, seek compensation for damages, penalize such persons administratively or prosecute such persons for criminal liability.

Geographical indications, trade secrets and trade names that have existed prior to the Decree shall also be protected if they satisfy the conditions outlined in the Decree.

The scope of infringement has been broadened in that the owner of a registered trademark may prevent the use of an identical or similar mark used for other goods or services if such use is likely to cause confusion based on unfair competition.

Well-known marks may be protected without registration against use of similar marks used for identical or similar goods or services.