Vietnam has unveiled a draft of its amended Intellectual Property (IP) Law, scheduled for 2025, introducing major changes aimed at commercializing intellectual assets and strengthening enforcement in the digital era.
The proposed law, released by the Ministry of Science and Technology in late August, marks the most comprehensive revision since the 2005 IP Law, which was previously amended in 2009, 2019 and 2022. Lawmakers and experts say the draft reflects Vietnam’s shift from focusing solely on protection to creating an ecosystem that enables intellectual property to serve as an economic driver.
Intellectual assets recognized
For the first time, the draft defines “intellectual assets” as intangible property with economic value that can be traded, accounted for, and used as collateral. The concept goes beyond legal protection, paving the way for IP valuation, financing and securitization.
“The inclusion of intellectual assets in accounting and finance will unlock capital for businesses and align Vietnam with international practices,” analysts said.
Wider protection for industrial designs
The draft broadens the scope of industrial design protection to cover partial designs and non-physical products such as graphical user interfaces, icons and motion effects. This change brings Vietnam in line with jurisdictions including the EU, the U.S., Japan and South Korea, where digital designs are recognized as protectable assets.
From protection to commercialization
State policy under the draft emphasizes not only enforcement but also commercialization. It envisions support for IP valuation, national databases on pricing, and pilot financial schemes that allow companies to use patents or trademarks as collateral. The law would also require IP assets to be recorded in corporate accounting books.
“This is a shift from a purely technical law to an economic law,” one expert told local media, noting the move will help firms leverage IP in capital markets.
Compulsory licensing and public interest
The draft clarifies limits to IP rights, introducing a compulsory licensing mechanism in cases of national security, public health or urgent public demand. While current legislation acknowledges limitations, the new draft sets clearer conditions and procedures for state intervention.
Digital enforcement
To tackle online piracy and counterfeit sales on e-commerce platforms, the law calls for comprehensive digital transformation in IP administration. Registration and examination procedures would be fully digitized, and authorities would deploy online monitoring tools to detect and warn against infringements.
Research results and ownership
The draft also revises rules on ownership of inventions and designs arising from publicly funded research. Registration rights would extend to institutions assigned to manage or use research outcomes, not only the lead organization. Project proposals would need prior technology searches to avoid duplication.
Stronger remedies and damages
The bill proposes higher statutory damages in infringement cases, reflecting inflation and rising market values. It also expands emergency measures available to rights holders to prevent suspected infringing goods from entering the market.
Opportunities and challenges
Observers say the changes could help Vietnamese firms better monetize innovations and attract investment. However, challenges remain, including limited capacity in valuation, appraisal and digital enforcement.
“Without stronger institutions and resources, the ambitious vision of turning IP into a true economic asset may be difficult to achieve,” legal experts warned.
If adopted, the amended law would position Vietnam closer to global IP standards while addressing domestic needs in the fast-changing digital economy.
