The 2025 Amended Law on Intellectual Property: A Systemic Reform of IP Rights Establishment and Enforcement

As of April 1, 2026, the Law Amending and Supplementing a Number of Articles of the Intellectual Property Law (“IP Law”), adopted by the National Assembly on December 10, 2025, officially comes into force. This marks the third amendment since the IP Law was first enacted in 2005.

In the context of nationwide efforts to implement Resolutions No. 57-NQ/TW and 68-NQ/TW of the Politburo on breakthroughs in science, technology, innovation, digital transformation, and on private sector development, the 2025 IP Law introduces several groundbreaking provisions. These changes aim to promptly address emerging challenges posed by the digital era, artificial intelligence, and e-commerce.

Below are some of the most notable new provisions of the 2025 IP Law:

1. Reform of Administrative Procedures for the Establishment of Industrial Property Rights

In line with the spirit of the aforementioned Politburo Resolutions, the 2025 IP Law significantly shortens processing times for industrial property applications, simplifies procedures, and introduces measures to ensure compliance with the new deadlines:

• Shortened processing time for industrial property applications

– The substantive examination period is reduced from 18 months to 12 months for patents; from 07 months (industrial designs), 09 months (trademarks) and 06 months (geographical indications) to 05 months;

– The publication period for applications for registration of industrial designs, trademarks, and geographical indications is reduced from 02 months to 01 month from the date of formal acceptance;

– The time limit for publishing decisions related to protection titles is reduced from 60 days to 30 days;

– The opposition period is shortened from 09 months to 06 months for patents; from 04 months (industrial designs) and 05 months (trademarks) to 03 months;

– The deadline for requesting substantive examination of patent applications (from the priority date) is reduced from 42 months to 36 months.

• Accelerated examination for patent and trademark applications

The 2025 IP Law introduces provisions allowing accelerated substantive examination for patent and trademark applications, reducing the examination period to as little as 03 months, instead of 12 months (patents) and 05 months (trademarks).

• Simplification of application requirements

The law no longer lists in detail the specific documents required for each type of procedure. Instead, it establishes general principles requiring application dossiers to include documents describing the subject matter for protection and other relevant materials. Applicants are responsible for the accuracy of their declarations, and protection titles may be revoked in case of false information.

• Removal of the formality acceptance notification procedure

Previously, after formal examination, Vietnam Intellectual Property Office would issue a Notice of Formal Acceptance before publication. The 2025 IP Law abolishes this unnecessary step. Applications are automatically deemed formally accepted upon publication, without further action required from applicants.

• Clearer regulations on the validity of powers of attorney

For powers of attorney without a specified term, instead of being considered indefinitely valid as before, they are now subject to the Civil Code, with a default validity of one year from the signing date. This enhances transparency and reduces the risk of disputes, particularly in international transactions.

• Promotion of comprehensive digital transformation in IP administration

To support administrative reform and significantly reduce processing times, the law introduces provisions promoting comprehensive digital transformation of IP activities. This includes prioritizing the development of digital infrastructure, online services, automation of procedures, and the application of new technologies such as big data and artificial intelligence to enhance efficiency and transparency in IP management.

The law also states that the state is responsible for ensuring funding, infrastructure, equipment, and other necessary resources to achieve these objectives.

2. Strengthening IP Protection Measures in the Digital Era

To improve enforcement effectiveness in the digital environment, the 2025 IP Law introduces several provisions addressing practical challenges in recent years:

• Clear responsibilities of digital platform operators

For the first time, the law explicitly requires digital platform operators to implement measures to protect IP rights in accordance with the IP, e-commerce, cybersecurity, and other relevant laws. This provides a stronger legal basis for right holders to enforce their rights online.

• More appropriate allocation of enforcement authority

The law assigns jurisdiction over IP infringement cases to the courts and “competent administrative sanctioning authorities,” instead of listing specific administrative bodies as before. This aligns with the trend of shifting IP enforcement from administrative measures toward civil litigation in courts.

• Expanded scope of civil remedies

Courts are now authorized to order destruction or forcible non-commercial use not only of IP rights infringing goods but also counterfeit goods, pirated copies, and materials, equipment, and means used in producing counterfeit or pirated goods.

Additionally, courts may order the removal, blocking, or disabling of access to infringing content, accounts, websites, applications, or internet identifiers.

• Additional preliminary injunctions in the digital environment

In addition to existing measures, the amended law introduces new forms of preliminary injunctions in the digital environment. To prevent irreparable harm and the destruction of online evidence, courts may grant such injunctions, including orders to block or disable access to infringing content, accounts, websites, applications, or internet addresses.

• Increased damages

The law doubles the maximum statutory damages for material losses (where actual damages cannot be determined), from VND 500 million to VND 1 billion.

Compensation for moral damages is increased to a range of ten to one hundred times the statutory base salary, replacing the previous range of VND 5 million to VND 50 million. This represents a significant increase and will continue to rise in line with future base salary adjustments.

• New provisions related to artificial intelligence

A core principle of Vietnam’s IP Law remains that only humans can be recognized as creators and rights holders.

For the first time, the law addresses IP objects created with the assistance of artificial intelligence. It allows organizations and individuals to use legally published data and IP-protected works for research, testing, and AI training, provided such use does not unreasonably prejudice the legitimate rights and interests of rights holders.

Specific rules on the establishment of IP rights in such cases will be further detailed in forthcoming governmental regulations.

3. Recognition of IP Rights as Assets to Promote Commercialization

With the aim of shifting from a “rights protection” approach to one focused on “assetization – commercialization – marketization” of research outcomes, the 2025 IP Law officially recognizes IP rights as assets.

These assets can be valued, recorded in financial statements, and used in civil, commercial, and investment transactions, such as capital contribution, collateral for loans, or commercial exploitation.

This new framework is expected to create a significant boost in unlocking the economic value of intellectual assets, fostering innovation, and promoting the development of the technology market in Vietnam.