Law No.131_2025_QH15_ Amending and Supplementing a Number of Articles of the Law on Intellectual Property
Summary of Law No. 131/2025/QH15 on Amendments to the Law on Intellectual Property
Law No. 131/2025/QH15, passed by the National Assembly of Viet Nam on December 10, 2025 and effective from April 1, 2026, introduces important amendments to the Law on Intellectual Property. The Law updates several key areas, including copyright and related rights, industrial property rights, plant variety rights, intellectual property management, commercialization, digital transformation, artificial intelligence, online infringement handling, and enforcement mechanisms.
One of the notable updates is the recognition of intellectual property issues arising from artificial intelligence systems. The Law authorizes the Government to provide detailed regulations on the establishment of intellectual property rights where intellectual property subject matters are created using AI systems. It also allows the use of lawfully published and publicly accessible texts and data for scientific research, experimentation, and AI training, provided that such use does not unreasonably prejudice the lawful rights and interests of authors and intellectual property right holders.
The Law further strengthens the policy framework for the creation, protection, management, valuation, and commercial exploitation of intellectual property rights. Intellectual property right holders are encouraged to use IP rights in civil, commercial, investment, credit, and other lawful activities. The Law also supports the use of IP rights for capital contribution, licensing, assignment, mortgage, and other commercial purposes, helping intellectual property become a more practical asset in business and innovation activities.
In relation to state management, the Law emphasizes the development of a comprehensive and effective intellectual property ecosystem. It requires the State to ensure funding, infrastructure, facilities, equipment, and other necessary resources for intellectual property management activities. In addition, the Law introduces provisions on digital transformation in intellectual property activities, including the development of digital infrastructure, online public services, digital platforms, databases on IP protection, databases on IP transaction prices, and the application of automation, big data, and artificial intelligence to improve efficiency and transparency.
For copyright and related rights, the Law clarifies several issues concerning copyright registration, related rights registration, re-granting, replacement, and annulment of certificates. Authors, copyright owners, and related rights owners are responsible for the accuracy of information provided in registration applications. The Law also updates provisions concerning computer programs, backup copies, online platform-based software services, and copyright or related rights created using state budget funding.
Regarding industrial property rights, the Law introduces important procedural changes for inventions, industrial designs, trademarks, geographical indications, and layout designs. Applications may be filed in paper or electronic form via the electronic filing system. The Law clarifies application requirements, filing dates, publication timelines, formal examination, substantive examination, opposition procedures, complaint mechanisms, and accelerated substantive examination for certain invention and trademark applications. It also provides clearer rules on the novelty and industrial applicability of industrial designs, including designs of non-physical products in cyberspace.
The Law also amends provisions relating to trademarks and geographical origin signs. Signs indicating the geographical origin of goods or services, particularly those of Viet Nam, are subject to stricter conditions unless they have been widely used and recognized as trademarks or are elements of collective marks or certification marks as provided by law.
For plant variety rights, the Law updates rules on the right to register plant varieties, especially in cases involving science, technology, and innovation tasks using the state budget. It also revises procedures concerning application filing, technical testing, appraisal timelines, grant of plant variety protection certificates, and maintenance fee payment.
A major enforcement-related update concerns intellectual property rights in cyberspace. The Law expands the responsibilities of intermediary service providers and digital platform operators in protecting intellectual property rights online. It also allows competent authorities to apply measures such as removal, concealment, or disabling access to infringing information, content, accounts, websites, applications, or Internet address identifiers.
The Law also strengthens civil remedies for intellectual property infringement. Where material damage cannot be determined based on specific legal grounds, the Court may decide compensation depending on the extent of damage, but the amount must not exceed VND 1 billion. For moral damage, the Court may award compensation from 10 to 100 times the statutory pay rate, depending on the seriousness of the damage.
Overall, Law No. 131/2025/QH15 represents a significant step in modernizing Viet Nam’s intellectual property legal framework. It reflects the growing importance of digital transformation, artificial intelligence, commercialization of intellectual property assets, online enforcement, and the effective management of IP rights in the context of innovation-driven economic development.
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