Intellectual property rights gain role as capital, loan collateral


Under the new rules, intellectual property rights can be used to contribute capital, secure loans and participate in civil and commercial transactions.

 

Customs authorities seized mobile phones suspected of infringing intellectual property rights. — VNA/VNS Photo

HÀ NỘI — Intellectual property rights are increasingly being recognised as economic assets that can be used for capital contributions, loan collateral and commercial transactions under a series of new regulations, officials and experts said.

Nguyễn Văn Bảy, deputy director general of the Intellectual Property Office of Việt Nam, said the country's intellectual property framework is undergoing comprehensive reform following the entry into force of Law No 131/2025/QH15, which amends the Law on Intellectual Property, along with Decree No 100/2026/NĐ-CP and Circular No 10/2026/TT-BKHCN.

The measures mark a shift from focusing primarily on the protection of intellectual property rights towards unlocking their economic value, Bẩy said.

Under the new rules, intellectual property rights can be used to contribute capital, secure loans and participate in civil and commercial transactions. The State will also develop a database of transaction prices to improve market transparency and support the valuation, transfer and commercialisation of intellectual property assets.

The changes could allow patents, trademarks and creative works to become more tangible business assets, helping companies raise capital, expand markets and improve competitiveness through clearer valuation and transaction mechanisms.

The new framework also strengthens intellectual property protection in the digital environment, including additional civil remedies, clearer responsibilities for digital platform operators, higher compensation for damages and stronger enforcement measures against infringing goods.

The measures come as business operations, distribution and content consumption increasingly move online, creating new and more complex forms of intellectual property infringement.

AI to support intellectual property applications

Digital transformation is another focus of the reforms, with authorities streamlining procedures for receiving and processing applications and integrating technology and artificial intelligence into professional operations.

National databases on industrial property are also being developed to shorten processing times and improve services for businesses and the public.

The regulations address the increasingly complex relationship between intellectual property rights and artificial intelligence, seeking to protect works involving substantial human contribution while allowing reasonable use of data for AI training.

The approach requires a balance between protecting creators' legitimate interests and avoiding restrictions that could hamper research and technological development, officials said.

Phạm Nghiêm Xuân Bắc, president of the Vietnam Intellectual Property Association, said direct guidance and dialogue from the Intellectual Property Office would be important to ensure the new rules were understood and applied consistently across the country.

Training programmes could also provide a platform for regulators, experts and practitioners to discuss practical difficulties and resolve differing interpretations of the new regulations, he said.

The association said it would continue working with the Intellectual Property Office to provide practical input on the legal framework and improve enforcement.

Effective implementation at the local level will be crucial to ensuring intellectual property rights can be protected and traded transparently, allowing them to become a source of financing and a productive asset for businesses and innovation, officials and experts said. — VNS

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