Vietnam's 15th National Assembly has decisively modernised the country's IP framework by passing a comprehensive amendment to the Intellectual Property Law on December 10, effective April 1, 2026. This overhaul signals a strategic shift from merely protecting IP rights to treating them as core, tradable business assets, particularly emphasised for digital, emerging, and artificial intelligence (AI) technologies, aligning Vietnam with global standards and enhancing national competitiveness.

Key Reforms:

1. Embracing the Digital & AI Era
The amendment provides crucial clarity for the age of AI and digital products:

•  AI-Generated Content: A clear line is drawn - purely autonomous AI creations cannot be copyrighted or patented. Protection is granted to human creators who provide substantial input, such as ideas, curation, or significant editing. Those who merely provide prompts retain the right to commercially use the output but are not recognized as authors.

•  AI Training Data: Lawfully published and publicly available data can be used for AI training, scientific research and experimentation purposes, provided such use does not unreasonably prejudice the legitimate rights and interests of authors or IP right holders.

•  Digital Design Protection: Industrial design protection is explicitly extended to non-physical products (e.g., graphical user interfaces, digital icons). The act of circulating digital copies or producing a part of a product of a protected design now constitutes "use" of such protected design, aligning Vietnamese law with global digital commerce.

2. Administrative Reform for Speed and Efficiency
To address long-standing bottlenecks, the law mandates a fully digital registration and examination system. More importantly, it significantly shortens critical timelines:

The amendments also introduce a new fast-track procedure for eligible patents and trademarks, which can cut the approval period to just three months.

3. Strengthened Enforcement for the Digital Environment

The law introduces groundbreaking solutions for online IP protection, shifting from a reactive model to proactive compliance with significantly enhanced penalties that treat digital infringement with the same severity as physical theft:

•  Platform Liability: Intermediary service providers (e.g., digital platforms, e-commerce sites) are now explicitly required to implement proactive technical and organizational measures to protect IP rights online, under a coordinated framework of IP, e-commerce, and cybersecurity laws.

•  Expanded Enforcement Powers: Authorities and courts are empowered to order the removal, deletion, or disabling of infringing content, accounts, websites, and applications.

•  Elevated Penalties & Broader Scope: The cap on material damages has doubled to VND 1 billion. The scope of administrative violations now explicitly includes the "storage" of counterfeit goods (alongside production, importation, transportation and sale), and acts of unfair competition.

Transitional Provisions:

The amendment law establishes a transitional provision for applications pending at its effective date (April 1, 2026). While the substantive provisions applicable at the time of filing will govern these applications, procedural aspects related to subsequent examination phases will be subject to the new regime. This includes:

•  Conducting formality examination for applications not yet accepted as valid filings; and

•  Applying the revised statutory time limits for opposition and substantive examination to any app-
lication whose publication occurs on or after the effective date.

Vietnam's 2025 IP Law Amendment is more than a legal update. It is a fundamental shift in mindset. By synchronizing with laws on science, technology, digital transformation, and AI, it aims to commercialize and marketize intellectual property. This creates a robust, modern IP ecosystem where intangible assets are leveraged for growth, investment, and innovation. For businesses operating in or entering Vietnam, understanding and leveraging these changes will be crucial to securing a competitive edge in the country's rapidly evolving market.

Source:
https://en.qdnd.vn/economy/news/vietnam-turns-intellectual-property-into-bankable-assets-in-new-law-585620 (English)
https://mst.gov.vn/quoc-hoi-thong-qua-luat-so-huu-tri-tue-sua-doi-tai-san-tri-tue-duoc-dinh-gia-mua-ban-the-chap-197251210173345713.htm (Vietnam)
https://vnexpress.net/luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-so-huu-tri-tue-4992763.html (Vietnam)
https://luatvietnam.vn/linh-vuc-khac/diem-moi-luat-so-huu-tri-tue-sua-doi-2025-883-105938-article.html (Vietnam)