Recommendations for seafood businesses following intellectual property warnings from the United States

The Vietnam Association of Seafood Exporters and Producers (VASEP) has recently issued recommendations to its member enterprises after the Office of the United States Trade Representative (USTR) placed Vietnam on the highest-level watch list regarding intellectual property protection and enforcement.

Accordingly, VASEP recommends that businesses should initially view the U.S. action as an early warning to review their entire compliance management system.

The first step is to verify the legality of all software being used within the enterprise, including operating systems, office software, accounting software, production management systems, warehouse management systems, traceability systems, packaging design software, image processing software, data management systems, and cloud storage platforms.

Software copyright records, license purchase contracts, invoices, acceptance reports, and user lists should be fully archived and readily available for presentation upon request by customers or partners.

Businesses should also accelerate the digitization of export records and supply chain data. For the seafood sector, important data groups include: raw material supplier records, farming areas or fishing vessels, raw material batch codes, production logs, testing results, food safety certifications, traceability records, customs documents, contracts, invoices, bills of lading, certificates of origin, health certificates, and documents related to Certificates of Admissibility (COA) under the Marine Mammal Protection Act (MMPA) or specific requirements from U.S. importers. Data should be stored in systems with access authorization, creation timestamps, edit histories, and rapid retrieval capabilities.

For enterprises with private brands or retail distribution channels, trademarks, packaging, images, advertising content, and websites should be reviewed to avoid risks of infringing third-party intellectual property rights.

Businesses are also advised to proactively register trademark protection in key export markets, especially the United States if they plan to develop their own brands. Communication materials, catalogs, product photos, promotional videos, and other media content should use legitimate sources, avoiding unauthorized images, music, design software, or copyrighted materials.

  

 

Another important preparation direction is building a “corporate compliance dossier” using digital data. This dossier should include legal business information, production licenses, quality management certifications, labor policies, environmental policies, food safety policies, data security policies, intellectual property policies, software copyright records, and supplier control procedures.

This will serve as a foundational documentation package enabling businesses to respond quickly to due diligence requests from importers, retail systems, law firms, or regulatory agencies in importing markets.

For seafood enterprises, the most important message is not to wait until specific trade measures are imposed before preparing. As major markets increasingly tighten requirements regarding traceability, data transparency, environmental-social-governance (ESG) responsibilities, anti-commercial fraud measures, and supply chain compliance, transparent corporate documentation is not only a defensive measure but also a competitive advantage.

Businesses that standardize data early, maintain strong compliance management, and can demonstrate the origin, responsibility, and legality of their entire production chain will be in a stronger position when working with U.S. importers and other international markets.

Recently, the Office of the United States Trade Representative released the 2026 Special 301 Report, placing Vietnam in the “Priority Foreign Country” category regarding intellectual property protection and enforcement. This is the highest warning level under the Special 301 mechanism and could lead to consideration of investigations under Section 301 of the Trade Act of 1974. This move serves as an important warning signal for exporters to the United States amid increasingly stringent requirements on transparency, compliance, and supply chain data.

VASEP believes that for exporters, especially those heavily focused on the U.S. market, this warning is not merely about “intellectual property” but also reflects a growing trend of using trade instruments to increase compliance pressure.

Section 301 is a mechanism that allows the United States to investigate acts, policies, or practices considered unfair, unreasonable, or discriminatory, and that burden or restrict U.S. trade. In this context, major export industries need to closely monitor developments, even though current allegations are not directed at any specific sector.

In the first quarter of 2026, Vietnam’s seafood exports reached USD 2.64 billion, up 14.4% compared to the same period last year. However, exports to the United States declined by 7.4%, reflecting the growing impact of policy changes, purchasing power, and competitive pressure in this market.

Source: VietnamPlus

 

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