Intellectual property law promotes the transformation of research results into tradable assets.
According to the new regulations, intellectual property assets such as inventions, software, and research results can be valued, bought, sold, and included in financial reports.
On December 10th, the National Assembly passed the Law amending and supplementing several articles of the Intellectual Property Law. The new law is considered a comprehensive step forward with many changes, not only updating to new international standards and resolving practical obstacles, but also establishing a legal framework to promote the commercialization of intellectual property.
During discussions in the National Assembly, Minister of Science and Technology Nguyen Manh Hung repeatedly emphasized that the goal of this amendment is to make intellectual property an economic asset of businesses, which can be used as collateral for loans.
At a meeting with the Director of the World Intellectual Property Organization (WIPO) in September, the Minister also stated that after escaping poverty and becoming a middle-income country, Vietnam is entering its third stage of development, becoming a high-income country, based on science and technology, innovation, and digital transformation. "In this stage, the role of intellectual property for Vietnam is extremely important," he stressed.
Shifting from Protecting Rights to Commercializing Intellectual Property:
The law reflects a fundamental change in management thinking, shifting the focus from "protecting rights" to "proprietaryization" and "commercialization" of intellectual property. (Photo caption:
Doctors and medical staff at the Pasteur Institute in Ho Chi Minh City conducting research and testing, August 2025. Photo: Quynh Tran
) The overarching idea of this revision is to transform research and innovation results into tradable assets. Accordingly, intellectual property must become an asset of businesses, capable of being valued, bought and sold, accounted for in financial statements, and used as collateral for loans or capital contributions, especially for new technologies, digital technologies, and artificial intelligence (AI). This approach is consistent with laws on science, technology, innovation, digital transformation, and AI.
The new law considers intellectual property as a strategic competitive tool for businesses and the nation. Regarding the recognition and management of intellectual property assets in enterprises, the Law stipulates a framework of provisions, entrusting the Government with the task of providing detailed regulations on accounting, disclosure, and valuation standards.
For assets that do not qualify for recognition on the balance sheet, they are tracked in separate books for intellectual property assets, which can be self-valued but only have internal value. This approach encourages businesses to proactively inventory and fully manage their intangible assets.
The amended Intellectual Property Law also promotes administrative procedure reform through comprehensive digital transformation of the registration and assessment of industrial property rights, including inventions. The time for assessing the content of inventions has been shortened from 18 months to 12 months, and a fast-track assessment mechanism of 3 months has been added.
Regarding products created by AI, the law affirms that AI is not a subject of intellectual property rights. Products created automatically by AI, without human involvement, are not protected by copyright or patent. In cases where humans use AI as a tool to create products and make significant creative contributions, they may be recognized as authors or inventors. If the level of contribution is low, the user is not considered the author but still has the right to use and commercially exploit the results.
Regarding AI training data, the law allows the use of legally published and publicly available information as input data, provided that the output does not infringe on copyright and intellectual property rights .
Expanding the scope of intellectual property protection:
The amended Intellectual Property Law expands the scope of protection and strengthens the enforcement of intellectual property rights to adapt to the context of technology and the digital economy.
Accordingly, the law adds the possibility of protecting industrial designs for non-physical products, meeting the development trend of digital technology. The specific protection conditions for this type of product are left to the Government to regulate in detail.
A chip prototype developed by Vietnamese engineers is on display at the Semi Expo 2025 exhibition in November. Photo: Trong Dat.
Alongside expanding the scope of protection, the law emphasizes the need to raise social and business awareness of intellectual property as a fundamental solution. This content will be incorporated into general and university education, while strengthening communication activities for the community and businesses.
The law supplements the jurisdiction of courts in the field of intellectual property and strengthens deterrent sanctions. Intellectual property infringement is viewed similarly to theft in the real world and must be dealt with severely. Shifting enforcement activities to the digital environment is identified as a groundbreaking solution.
The law also focuses on removing "bottlenecks" in intellectual property registration procedures. New regulations aim to reduce unnecessary procedures, standardize documentation for easier application processing, and promote online acceptance and processing, moving towards the complete digitization of the registration process.
Another key focus is strengthening support for the creation and commercial exploitation of intellectual property assets. In the context of assets such as inventions, software, data, designs, and trademarks increasingly accounting for a large proportion of business value, the law clearly demonstrates a direction to bring intellectual property into practical circulation, making it quantifiable, tradable, and mortgageable, thereby directly contributing to economic growth.
Furthermore, the amended Intellectual Property Law has codified new issues arising from technology such as AI generation, big data, blockchain, and digital assets. Organizations and individuals are permitted to use legally published documents and data on intellectual property rights for scientific research, testing, and training AI systems, provided that this does not unreasonably affect the legitimate rights and interests of authors and owners.
In relation to international treaties and agreements, the law regulating the protection, renewal, and enforcement of rights aims to ensure compliance with Vietnam's commitments and contribute to enhancing Vietnam's position in the global innovation value chain.
With the orientation of making intellectual property a crucial resource for the economy, supporting businesses in innovation, and strengthening enforcement in the digital environment, the Law amending and supplementing several articles of the Intellectual Property Law is expected to create a legal foundation to promote innovation and enhance national competitiveness.
Trong Dat
According to VnExpress