In the context of the booming digital economy in 2026, protecting intellectual property (IP) assets is no longer just a legal issue but has become a vital strategy for businesses. The Amended Intellectual Property Law 2025, passed on December 10, 2025, and effective from April 1, 2026, aims to align with new international commitments and address shortcomings arising from the digital environment.
The following analysis by LawPlus details the key changes that all right holders should note.
Table of Contents/Mục lục
1. State Policies and Promoting Digital Transformation in Intellectual Property
One of the highlights of the new law is the formalization of a comprehensive digital transformation roadmap. The State has moved beyond mere encouragement to providing specific regulations on infrastructure and public services.
According to Clause 6, Article 1 of the Amended IP Law 2025 (supplementing Article 11b), the State promotes digital transformation through:
– Developing synchronous digital infrastructure and providing online public services.
– Building databases on IP rights protection and IP transaction prices.
– Ensuring safety and user-friendliness in IP operations.
Additionally, incentive policies have been expanded. Clause 4, Article 1 of the Amended IP Law 2025 (amending Article 8) emphasizes financial support, tax incentives, and credit for innovation, especially in rural and mountainous areas. This creates favorable conditions for startups to access resources for protecting and exploiting inventions.
2. Regulations on Rights Exploitation and Protection of National Interests
The 2025 Law tightens regulations regarding national symbols, ensuring solemnity while remaining flexible in exploitation. Clause 2, Article 7 of the IP Law 2005, as amended by the 2025 Law, states:
“Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem, and National Anthem of the Socialist Republic of Vietnam shall not prevent or obstruct the dissemination and use of the National Flag, National Emblem, and National Anthem.”
This regulation aims to terminate copyright disputes over the National Anthem or national symbols on digital platforms such as YouTube or Facebook. Furthermore, the State reserves the right to prohibit or restrict the exercise of IP rights if such exercise infringes upon national security, social ethics, or public health.
3. Administrative Reform of Protection Titles
The management of protection titles has been simplified and made more transparent through amendments to Articles 92, 97, and 99 of the IP Law 2005:
| Change Content | Regulatory Details | Legal Basic |
| Recording of Owners | Recording organizations assigned the right to manage the results of scientific and technological tasks funded by the state budget. | Clause 25, Article 1 of the Law on Amending the Law on Intellectual Property 2025 |
| Amendment of Titles | Title holders have the right to request amendments to author information or descriptions of the characteristics and quality of geographical indications. | Clause 29, Article 1 of the Law on Amending the Law on Intellectual Property 2025 |
| Publication of Decisions | Decisions on the granting, termination, invalidation, or amendment of protection titles must be published in the Industrial Property Official Gazette within 30 days. | Clause 30, Article 1 of the Law on Amending the Law on Intellectual Property 2025 |
Notably, state management agencies are responsible for proactively correcting errors in protection titles if such errors were caused by the agency, and citizens are not required to pay any fees or charges for such corrections. This represents a significant advancement in enhancing the accountability of public authorities.
4. Strong Sanctions against Infringements in Cyberspace
This is the most significant content given the increasingly complex nature of online copyright infringements. The Law on Amending the Law on Intellectual Property 2025 has introduced technical measures to promptly prevent infringing acts.
Specifically, under Clause 69, Article 1 of the Law on Amending the Law on Intellectual Property 2025, which supplements Point (e), Clause 1, Article 207, the Court is empowered to order the following measure:
“Hiding or temporarily disabling access to information, content, accounts, websites, applications, or Internet identifiers related to intellectual property rights infringements.”
This measure enables authorities to expeditiously deal with pirate websites and social media accounts livestreaming counterfeit goods or copyright-infringing content without having to wait for prolonged litigation processes. Additionally, the jurisdiction of the Court and administrative sanctioning bodies has been reinforced to apply emergency preventive measures in accordance with the legislation on the handling of administrative violations.
5. Transitional Provisions and Entry into Force
Businesses should take note of the law’s effective date to avoid confusion in ongoing dispute resolutions.
Regarding transitional principles, pursuant to Clause 5, Article 3 of the Law on Amending the Law on Intellectual Property 2025, infringement cases accepted before April 1, 2026, that have not yet been resolved, shall continue to be governed by the provisions of the Law on Intellectual Property 2005 and its previous amendments (2009, 2019, 2022). For administrative dossiers submitted after this date, businesses are required to comply with the latest procedures and forms as guided by Circular No. 08/2026/TT-BVHTTDL and Circular No. 09/2026/TT-BKHCN.
This clear distinction ensures the continuity and stability of the legal environment, preventing disruptions for parties currently involved in litigation.
6. Conclusion
With breakthrough changes in technology and sanctions, businesses should proactively review their intellectual property portfolios, conduct protection registrations through new online public service portals, and prepare strategies to safeguard their rights in the Internet environment. A correct understanding and early application of the Law on Amending the Law on Intellectual Property 2025 will serve as a significant competitive advantage in the current period.
