This marks an important shift from a mindset focused mainly on rights protection to one of assetization, commercialization, and marketization of intellectual property, aligned with laws on science and technology, innovation, digital technology, digital transformation, and AI, as stated in the Law amending and supplementing a number of articles of the Intellectual Property Law, passed on December 10.

Accordingly, intellectual property becomes a strategic competitive tool for enterprises and the nation. A developed country is one in which intangible assets and intellectual property account for a large proportion of total national assets.

Regarding administrative reform, the Law stipulates digital transformation in the registration and appraisal of industrial property rights, including patents.

The time limit for content appraisal of patents is shortened from 18 months to 12 months and a mechanism for accelerated appraisal within three months is added, demonstrating a strong reform step.

Regarding AI-generated products, the Law affirms that AI is not a subject of intellectual property rights. In cases where products are automatically generated by AI without human involvement, they are not eligible for copyright or patent protection like works created by humans.

For products created by AI, the Law affirms that AI is not a subject of IP rights. If a product is automatically generated by AI without human participation, it is not eligible for copyright or patent protection as a work created by a human.

If a human uses AI as a tool to create a product and makes a significant creative contribution (idea, direction, selection, editing of AI results, etc.), they may be recognized as the author or inventor.

If the human contribution level is low, merely using AI as a "colleague," for example, only providing requirements and context, they are not considered the author but still have the right to use and commercially exploit the result. This approach is consistent with the general trend in many countries worldwide.

Regarding the use of information to train AI, the Law stipulates that information that has been legally and publicly announced, and which the public is allowed to access, can be used for the purpose of AI training (as input data), provided that the output results of the AI do not infringe upon copyright or IP rights.

Expanding protection, enforcement of IP rights

Regarding the expansion of subjects for protection, the Law adds the possibility of industrial design protection for non-physical products, with an aim to adapt to the trend of new technologies, especially digital technology. It assigns the Government the authority to provide detailed regulations on the conditions for protection of this type of product.

Regarding awareness raising and enforcement enhancement, the Law emphasizes the requirement to raise social and corporate awareness of IP as a fundamental solution.

Intellectual property will be incorporated into general and higher education, while communication and outreach to enterprises and communities will be strengthened.

The Law supplements the jurisdiction of the court regarding IP; adds deterrent sanctions, and treats IP infringement similar to theft in the real world, which must be handled strictly. Shifting enforcement to the digital environment is identified as a breakthrough solution.

Aiming to build a dynamic innovation environment where intellectual assets become an important growth driver, the Law Amending and Supplementing a Number of Articles of the Law on IP is seen as a comprehensive step forward with many notable changes.

The Law not only updates new international standards and resolves practical difficulties but also establishes a pioneering legal corridor to promote the commercialization of IP assets, a field that is increasingly becoming a focal point in the era of the knowledge-based economy and digital transformation.

An important content of the Law is to strengthen support for the creation and commercial exploitation of IP rights objects. 

In the context where intellectual assets (such as patents, software, data, designs, trademarks, etc.) increasingly account for a large proportion of enterprise value, setting the goal of transforming IP assets into assets that can be valued, bought, sold, and mortgaged shows a new mindset. IP assets are not just protected on paper but must be put into actual circulation, contributing to economic growth and national development, especially in the era of digital transformation and AI.

The Law also focuses on removing one of the major "bottlenecks," which is the complicated IP rights registration procedure and prolonged processing time.pp