Vietnam’s National Assembly has approved amendments to the Intellectual Property (IP) Law, marking an important step toward modernizing the country’s IP legal framework. The amended provisions will take effect on 1 April 2026 and aim to better align IP protection with socio-economic development, technological progress, and digital transformation.
One of the most prominent highlights of this amendment is the shift in mindset from merely protecting rights to the “assetization” and commercialization of intellectual property assets. Accordingly, the revised law emphasizes that intellectual property is not only a lawful right of the owner, but also a genuine economic resource that can be exploited to create real economic value.
The amended law also aims to ensure closer alignment with international IP treaties and best practices, while addressing new challenges arising in the digital environment. Key developments include:
• Expansion of protectable subject matter, such as industrial designs relating to non-physical or digital products, in line with global digitalization trends.
• Clarification of rules on the use of data for AI training, allowing the lawful use of publicly available data, provided that the resulting outputs do not infringe existing IP rights.
• Strengthened enforcement to address IP infringement in both physical and digital environments.
A notable feature of the amendments is the strong focus on administrative reform and digital transformation in IP registration and management procedures, aimed at improving efficiency and transparency. Key measures include:
• Reduction of the substantive examination period for patent applications from 18 months to 12 months.
• Introduction of a fast-track examination, allowing certain eligible applications to be examined within as little as 03 months.
• Expansion of fully digitalized filing and processing systems, facilitating online services and reducing administrative burdens for applicants.
In response to the rapid development of artificial intelligence, the amended IP Law establishes clear principles regarding the protection of AI-generated outputs:
• Outputs autonomously generated by AI without substantial human creative input are not eligible for IP protection in the same manner as human-created works.
• Conversely, where meaningful human creativity, control, or intervention is demonstrated in the use of AI tools, the human contributor may still be recognized as the author or rights holder.
Beyond substantive legal amendments, the revised IP Law underscores the importance of effective enforcement and increased IP awareness:
• Promotion of IP education at various levels to foster long-term innovation capacity.
• Enhanced outreach and guidance to help businesses understand and effectively leverage the new IP framework.
• Reinforcement of sanctions and remedial measures, treating IP infringement as a serious violation requiring robust deterrence.
The amendments to Vietnam’s Intellectual Property Law represent a significant evolution in the country’s IP policy, reflecting the demands of a knowledge-based economy and the digital era. By emphasizing commercialization of IP assets, streamlining administrative procedures, and clarifying rules on AI-generated outputs, the revised law aims to strengthen Vietnam’s attractiveness as a destination for innovation, investment, and sustainable business growth in the years ahead.
Reference: https://quochoi.vn/tintuc/Pages/tin-hoat-dong-cua-quoc-hoi.aspx?ItemID=97492&utm_source=chatgpt.com