Vietnam’s National Assembly Passes Amended IP Law to Boost Commercialization of Knowledge Assets

HANOI, Dec. 10 – Vietnam’s National Assembly on Tuesday approved amendments to the country’s Intellectual Property (IP) Law aimed at transforming scientific and creative outputs into tradable assets and strengthening the legal foundation for innovation and artificial intelligence (AI). The revised law passed with 91.33% support, or 432 out of 438 lawmakers voting in favor.

The amendments establish IP as a strategic asset class for enterprises, enabling intangible assets to be valued, bought, sold, reported in financial statements, and used as collateral for loans or capital contributions. Lawmakers said the changes are intended to align with legislation on digital transformation, AI, and technology innovation, positioning IP as a core competitive tool for businesses and the national economy.

Under the new framework, enterprises must record and manage IP assets even if they do not qualify for recognition on balance sheets. Companies are encouraged to conduct internal valuations, a move expected to promote more systematic management and commercialization of intangible assets.

To accelerate innovation, the law introduces sweeping administrative reforms. The examination period for patent substantive review will be shortened from 18 months to 12 months, while a fast-track mechanism allows certain applications to be examined within just three months. The law also expands IP protection to include industrial designs for non-physical, digital products — reflecting global trends in technology development. The government will issue detailed regulations on eligibility for these new categories.

One of the most closely watched provisions concerns AI-generated works. The law affirms that AI cannot be recognized as an IP rights holder. Works created autonomously by AI without meaningful human creative input will not be eligible for copyright or patent protection. However, individuals who use AI as a tool and contribute significantly to the creative process can still be recognized as authors or inventors. Users who contribute minimally may not be considered authors but will retain usage and commercial rights over AI-generated outputs. The approach aligns with emerging international practice.

The law also clarifies that training AI systems may rely on publicly available, lawfully disclosed information, provided that resulting outputs do not infringe copyright.

To strengthen enforcement, IP education will be incorporated into school and university curricula, while the powers of the IP Court will be expanded. Violations of IP rights will be treated as acts equivalent to theft, with stricter penalties and increased digital enforcement capacity.

The amendments revise 71 articles and repeal eight, marking a significant milestone in Vietnam’s strategy to integrate intellectual property more deeply into capital markets and to support sustainable growth driven by technology and innovation.

Source: Tạp chi Sở hữu trí tuệ và Sáng tạo

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