Vietnam’s amended Law on Intellectual Property officially came into effect on April 1, introducing stricter responsibilities for digital platforms and intermediary service providers in addressing intellectual property (IP) violations, particularly in the online environment.

At a regular press briefing held by the Ministry of Science and Technology on the same day, Nguyen Hoang Giang, Deputy Director General of the Intellectual Property Office of Vietnam, outlined two key highlights of the revised law.

A central focus lies in Article 198b, which brings significant changes to how IP infringements are handled, especially in cyberspace. The law now clearly distinguishes between different types of intermediaries, replacing the previous broad definition of “intermediary entities.”

Specifically, it separates service providers offering infrastructure such as internet transmission and hosting services from operators of digital platforms, including social media networks and e-commerce marketplaces. Legal responsibilities are now extended comprehensively to both groups.

In addition, a new Clause 5a has been introduced into Article 198b, requiring platform operators to actively implement measures to protect intellectual property rights in accordance with relevant laws on IP, e-commerce and cybersecurity.

According to Nguyen Hoang Giang, the overarching approach shifts toward proactive prevention and protection, aiming to enhance the effectiveness of IP enforcement in the digital space.

The revised law also addresses long-standing challenges in handling cross-border platforms by introducing new civil remedies.

Courts are now empowered to order the removal, blocking or restriction of access to infringing content online. They may also impose temporary measures to disable access to specific content, accounts, websites or internet identifiers linked to violations, allowing for swift intervention when necessary.

These measures are also being considered for inclusion in Decree 99/2013/ND-CP, which governs administrative sanctions, in order to strengthen enforcement mechanisms.

Looking ahead to emerging technologies, the law introduces provisions related to intellectual property rights for creations involving artificial intelligence.

Under the newly added Clause 5 of Article 6, the government will regulate how IP rights are established in cases where protected works are created with the use of AI systems. This marks an important step in adapting the legal framework to evolving technological realities.

The amendments reflect Vietnam’s broader effort to modernize its legal infrastructure, ensuring that intellectual property protection keeps pace with rapid digital transformation while fostering a more transparent and accountable online ecosystem.

Du Lam