Vietnam's draft IP law amendment emphasizes IP commercialization, addresses AI-related issues
By Hoa Dinh ( August 29, 2025, 09:08 GMT | Insight) -- Vietnam’s Law on Intellectual Property is being amended for the fourth time. The Ministry of Science and Technology has released a draft amendment for public consultation until Sept. 21.Vietnam’s Law on Intellectual Property is being amended for the fourth time, this time with a strong focus on IP commercialization and to adapt to new issues arising from technological changes like artificial intelligence.The draft amendments, which the Ministry of Science and Technology issued for public consultation, introduces changes in five key policy areas. While its main focus is on supporting the creation and commercialization of IP rights to promote innovation, it also seeks to simplify administrative procedures for IP rights registration and improve IP rights protection in the country.It marks a strategic move toward innovation-driven growth, which aligns with the broader national development direction that places science, technology and innovation at the core of economic transformation.A large part of the amendments deals with IP commercialization. Article 8a states that enterprises must record IP rights in accounting books, which will serve as a foundation for banks, investors and tax authorities to conduct IP-related transactions. After the initial recording, the right owners may re-determine the fair value of the IP rights at the end of the financial reporting period. A national database of the prices of legally traded IP rights will be established by the Ministry of Science and Technology and the Ministry of Finance. Detailed instructions on the rights’ valuation methods will also be issued.The government will issue pilot financial policies based on IP rights, including IP-backed loans, IP-based capital raising and IP-related insurance products.Enterprises’ expenses to create and establish IP rights will be entitled to the highest tax deduction in accordance with the Law on Corporate Income Tax.Article 46a and 150a allow copyrights (including property rights) and industrial property rights (excluding geographical indications) to be used as collateral to borrow capital from banks.The mortgage contracts must be made in writing, registered with a competent authority and clearly state information on the protection status and ownership of the rights.If the industrial property rights are rights to inventions, industrial designs and trademarks, the mortgagor is responsible for maintaining and extending the validity of the rights.In both cases, if the mortgagor fails to fulfill their debt repayment obligation, the mortgagee has the right to exploit, transfer or auction the mortgaged property rights....
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