I. Legal basis

• 2025 Amended Intellectual Property Law
• 2005 Intellectual Property Law
• 2019 Intellectual Property Law
• 2022 Amended Intellectual Property Law

II. Legalization of intellectual property issues related to Artificial Intelligence

One of the groundbreaking innovations is the inclusion of provisions on the emergence and establishment of intellectual property rights for objects created with the use of artificial intelligence systems. Specifically, Clause 2, Article 1 of the 2025 Amended Intellectual Property Law adds Clause 5 after Clause 4 of Article 6 of the 2005 Intellectual Property Law, stating: “Pursuant to the provisions of this Law, the Government shall provide regulations on the emergence and establishment of intellectual property rights under Clauses 1, 2, 3, and 4 of this Article in cases where the intellectual property object is created with the use of an artificial intelligence system”. Accordingly, the Amended Law entrusts the Government with the authority to provide detailed regulations on the establishment of rights in cases where intellectual property objects are created using AI.

III. Adjustment of the procedure for filing requests to carry out procedures related to industrial property rights

With respect to the procedure for filing requests to carry out procedures related to industrial property rights, Article 89 is amended and supplemented as follows:

• Vietnamese organizations and individuals, foreign individuals with permanent residence in Vietnam, and foreign organizations or individuals with production or business establishments in Vietnam may submit requests to carry out procedures related to industrial property rights either directly or through a legal representative in Vietnam.
• Foreign individuals not residing permanently in Vietnam, and foreign organizations or individuals without production or business establishments in Vietnam, shall submit requests to carry out procedures related to industrial property rights through a legal representative in Vietnam.
• Requests in procedures related to industrial property rights must be submitted in writing, either in paper form or in electronic form through the electronic filing system.

Compared to the provisions of the 2005 Intellectual Property Law, the 2019 Intellectual Property Law, the 2022 Amended Intellectual Property Law, and the Law amending and supplementing certain articles of the Insurance Business Law, the 2025 Amended Intellectual Property Law has expanded its scope of regulation from “registration for the establishment of rights” to “procedures related to industrial property rights,” while also standardizing the submission of applications in both paper and electronic form for all procedures.

IV. Introduction of new policies on the management, exploitation, and commercialization of intellectual property rights

The 2025 amended Intellectual Property Law introduces a completely new Article 8a, which, for the first time, directly regulates the management and exploitation of intellectual property rights as a form of property.

• The owner of intellectual property rights shall be responsible for preparing a separate inventory for internal management in cases where the intellectual property rights do not yet meet the conditions for recognition as assets in the accounting books in accordance with the provisions of accounting law.
• The owner of intellectual property rights may exercise such rights to conduct civil, commercial, investment, and other activities as prescribed by the relevant provisions of the laws on science, technology, and innovation; intellectual property; management and use of public assets; and other applicable legal regulations.
• The State encourages the exploitation of intellectual property rights and the use of such rights as capital contribution or as collateral for loans in accordance with the provisions of laws on investment, enterprises, credit, and other relevant legal regulations.

Accordingly, the owner is responsible for internal management of intellectual property rights; at the same time, such rights may be used for capital contribution, collateral, investment, and participation in commercial transactions. In addition, the State encourages the exploitation of intellectual property rights to mobilize capital and promote production and business activities.

Therefore, in order to adapt to the new provisions concerning the establishment of intellectual property rights for products created with the use of artificial intelligence, enterprises need to proactively review and develop internal management mechanisms for intellectual property assets, particularly for products, data, and content generated by AI systems. At the same time, enterprises must exercise strict control over input data sources to prevent the use of data that infringes intellectual property rights or personal data unlawfully during the training and operation of AI systems.

V. Conclusion

Overall, the 2025 Amended Intellectual Property Law introduces significant changes aimed at modernization and alignment with technological development practices, particularly by recognizing artificial intelligence as a factor in the formation of intellectual property rights, expanding the scope of procedures related to industrial property rights, and standardizing application submission through digital means. At the same time, the introduction of mechanisms for the management, exploitation, and commercialization of intellectual property rights as a form of property provides a clearer legal framework for investment and business activities.

In this context, enterprises need to proactively adapt by improving their internal intellectual property governance systems, enhancing legal compliance awareness, and effectively leveraging intellectual property rights to increase asset value and market competitiveness.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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