Key Amendments of the 2025 Revised Law on Intellectual Property
The amended Law on Intellectual Property (hereinafter referred to as “the Law”) was adopted by the National Assembly on December 10, 2025, and officially came into force on April 1, 2026. The Law introduces a number of groundbreaking changes, focusing on the following key areas:
First, the formal regulation of Artificial Intelligence (AI) and Data.
This represents the most “revolutionary” amendment, directly addressing current technological challenges:
- It introduces a new provision (Clause 5, Article 6) assigning the Government to detail regulations on the establishment of rights for objects created with the use of AI systems. The core principle is that AI is not a legal subject of rights; only outputs with substantial human creative contribution are eligible for protection.
- It permits the lawful use of published works and data for research, experimentation, and AI training (subject to certain conditions) without being considered an infringement of intellectual property rights.
Second, administrative reform and digital transformation.
The Law significantly shortens the processing time for industrial property applications. Specifically, the examination period is reduced from 18 months to 12 months for inventions (patents); from 9 months to 5 months for trademarks; from 7 months to 5 months for industrial designs; and from 2 months to 1 month for the publication of valid applications.
For the first time, the Law introduces an accelerated examination mechanism, allowing substantive examination to be completed within as little as three months for inventions and trademarks, provided that certain special conditions are met.
Third, the commercialization of intellectual property rights as assets.
The new Law establishes a clearer legal framework to transform intellectual property into monetizable assets:
- It allows intellectual property rights to be used as capital contributions, collateral, and for securing loans, as well as for conducting commercial transactions.
- Rights holders are required to maintain a separate internal registry for management purposes, even when such rights have not yet met the criteria for recognition as accounting assets.
Fourth, the expansion of protected subject matter, particularly industrial designs.
To align with the digital economy, the scope of protection has been broadened:
- The Law allows industrial design protection for intangible objects such as graphical user interfaces (GUIs) and icons displayed on electronic devices.
- It also permits protection for inseparable parts (partial designs) of a complete product.
Fifth, strengthening enforcement in cyberspace.
- The Law enhances the responsibilities of intermediary service providers (including Internet service providers, e-commerce platforms, and social networks) in preventing and removing content that infringes intellectual property rights online.
- It increases the maximum level of material damages in civil remedies for intellectual property infringement from VND 500 million to VND 1 billion.
Impact of the 2025 Amended Law on Intellectual Property on Scientific Research Activities in Universities
The 2025 amended Law on Intellectual Property, in conjunction with new provisions in the 2025 Law on Science and Technology, marks a significant turning point for the higher education sector. Rather than merely focusing on traditional academic publications, the new legal framework encourages universities to evolve into knowledge-based enterprises.
The following are the most direct and significant impacts on scientific research activities in universities and research institutions:
First, granting universities greater autonomy as the host institution.
Previously, research outcomes funded by the state budget were typically owned by the State, making registration and commercialization procedures complex.
- The Law affirms that the rights to register inventions (patents), industrial designs, and integrated circuit layout designs belong by default to the host institution without compensation, except in special cases related to national defense and security.
- This enables universities to take full control of filing for protection, valuing their intellectual assets, and negotiating technology transfer with enterprises without requiring prior approval from state authorities.
Second, promoting the assetization and commercialization of research outcomes.
- Intellectual property rights are formally recognized as assets that can be valued, contributed as capital, used as collateral for loans, and recorded in the financial statements of the host institution.
-Laboratories or research groups can use patents as capital contributions to establish start-up companies (spin-offs) within universities. This addresses the long-standing issue of underutilized research by bringing results to market through transparent economic transactions.
Third, establishing a framework for protecting and leveraging research in the AI era.
Given current research trends, the Law provides a safer legal environment for universities and research institutions:
- It allows researchers to use publicly available datasets to train AI models without infringing copyright (for research purposes).
- The Government is tasked with detailing regulations on protecting outputs created with AI assistance, ensuring that high-tech research products have clear legal recognition.
Fourth, increasing pressure on speed and internal governance.
With the reduction in patent examination time to 12 months (and an accelerated track of as little as 3 months), universities must establish dedicated units to process applications efficiently, avoiding delays that could render research obsolete or allow competitors to register first.
The Law also requires rights holders (universities and research institutes) to maintain internal registries of intellectual property assets that have not yet met accounting recognition criteria. This compels institutions to enhance transparency and management of their innovation portfolios.
Impact of the 2025 Amended Law on Intellectual Property on University Entrepreneurship
The 2025 amended Law on Intellectual Property is not merely a legal instrument but also a critical turning point that promotes entrepreneurship (startups) and spin-off activities within universities.
Key Impacts on University-Based Startup Activities
The following are the key impacts on startup projects within the university environment:
First, addressing the capital constraint through assetization mechanisms.
One of the biggest barriers for student and faculty startups is the lack of collateral for financing. The 2025 Law addresses this issue through specific provisions:
- Research groups may use patents or utility solutions as capital contributions to establish spin-off enterprises within universities.
- The Law permits the use of intellectual property rights as collateral for loans from financial institutions, enabling technology startups to access funding based on intellectual assets rather than tangible assets alone.
Second, formal recognition of enterprise models within educational institutions.
The 2025 IP Law, in conjunction with new policies on innovation, establishes a legal framework for spin-off enterprises in universities:
- It provides clearer regulations on the rights and benefits of authors (faculty and students) and owners (universities). Profit-sharing mechanisms are implemented based on agreements or internal regulations, ensuring that innovators can pursue entrepreneurship without concerns over ownership disputes.
- It encourages pilot startup models within universities, allowing the use of institutional facilities and laboratories to develop minimum viable products (MVPs).
Third, advantages derived from accelerated examination mechanisms.
For startups, speed is critical. Delays in obtaining protection may result in missed funding opportunities or imitation by competitors.
- The Law introduces an accelerated examination mechanism (as fast as 3–6 months) for patent and trademark applications in priority sectors or from innovative startups.
- Startups and early-stage research groups may benefit from reduced fees and maintenance costs for intellectual property protection in their initial years.
Fourth, establishing a safe legal framework for AI and data-driven startups.
- Authors (students and faculty) are allowed to use publicly available datasets to train AI models without infringing copyright (Clause 5, Article 7), which is particularly important for projects involving image processing and data-intensive applications.
- When AI contributes to the creation of products (e.g., AI-assisted industrial design), the Law provides guidance for establishing ownership rights, provided that the primary creative contribution of humans can be demonstrated.
Finally, strengthening startups’ position in investor negotiations.
The Law requires rights holders to maintain internal management records of intellectual property assets, even when such assets have not yet met accounting recognition criteria. Compliance with this requirement enables startups to build a transparent and professional legal profile, thereby enhancing credibility and investor confidence.
Impact on Technology Transfer from Universities
The amended 2025 Law on Intellectual Property, together with the revised Law on Technology Transfer (effective from April 1, 2026), creates a more open and efficient legal “highway” for bringing technologies from laboratories to the market.
The following are key practical impacts on technology transfer activities from universities and research institutes:
First, clarifying ownership to unlock public assets.
Previously, research funded by the state budget was subject to complex valuation and approval procedures due to its classification as public assets.
- The Law affirms that ownership and registration rights belong by default to the host institution (universities or research institutes).
- Institutions can independently decide on technology transfer or licensing (exclusive or non-exclusive) to enterprises without multiple layers of approval from state authorities, thereby shortening time-to-market.
Second, valuation and capital contribution using intellectual property.
- Intellectual property rights are legally recognized as assets that can be used for capital contribution or as collateral for loans.
- Faculty members and researchers can contribute their research outcomes as capital alongside external investors to establish startups within universities. The Law also requires institutions to maintain internal registries to track the value of such assets from early-stage ideas or MVPs.
Third, accelerated examination and early protection advantages.
In technology transfer, early patent protection is critical to attracting external investment.
- The examination period for patents is reduced from 18 months to 12 months, with a fast-track mechanism (3–6 months) for priority technologies such as green technology, AI, and smart agriculture.
- Recipient enterprises gain greater confidence knowing that the technology is legally protected within a shorter timeframe, reducing the risk of imitation.
Fourth, promoting intermediary organizations in technology transfer.
The Law encourages the development of professional brokerage, consulting, and valuation organizations:
- Technology Transfer Offices (TTOs) within universities play a more significant role in connecting supply (researchers) and demand (enterprises).
- These organizations support researchers in rights establishment, technology valuation, and drafting transfer agreements in accordance with internationally recognized standards.
Fifth, leveraging data to enhance transfer value.
For software and AI-related technologies, the ability to use publicly available data for AI training improves the accuracy and applicability of transferred technologies without raising copyright concerns.
References
National Assembly of Vietnam. (2025). Law on Intellectual Property (amended and supplemented in 2025). Hanoi, Vietnam.
National Assembly of Vietnam. (2025). Law on Science and Technology (amended in 2025). Hanoi, Vietnam.
Ministry of Science and Technology of Vietnam. (2025). Guidelines for the implementation of the amended Law on Intellectual Property. Hanoi, Vietnam.
World Intellectual Property Organization. (2023). WIPO intellectual property handbook: Policy, law and use. https://www.wipo.int
World Intellectual Property Organization. (2024). Artificial intelligence and intellectual property policy guidance. https://www.wipo.int
Organisation for Economic Co-operation and Development. (2024). Innovation and technology transfer in universities. OECD Publishing. https://www.oecd.org
European Commission. (2023). Intellectual property and technology transfer in higher education. https://commission.europa.eu