Specifically, Clause 1, Article 4 of the 2005 Law on Intellectual Property, as amended at Point a, Clause 1, Article 1 of the 2025 amended Law on Intellectual Property, stipulates that intellectual property rights are the rights of organisations and individuals over copyright and related rights, industrial property rights, and rights to plant varieties.
According to Article 198 of the 2005 Law on Intellectual Property, as amended and supplemented by the 2022 and 2025 Laws on Intellectual Property, intellectual property rights holders are entitled to apply necessary measures to protect their own intellectual property rights.
Accordingly, rights holders may apply technological measures to prevent acts infringing intellectual property rights as well as request organisations or individuals committing infringements to cease such acts, remove infringing content from cyberspace, issue public apologies and corrections, and provide compensation for damages. They also have the right to request competent state authorities to handle violations or to initiate legal proceedings before courts or arbitration bodies in order to protect their lawful rights and interests.
In addition to the right to self-protection, the law also stipulates the responsibility of organisations and individuals to respect the intellectual property rights of others. Article 9 of the 2005 Law on Intellectual Property provides that organisations and individuals have the right to apply measures permitted by law to protect their own intellectual property rights and are responsible for respecting the intellectual property rights of other organisations and individuals in accordance with this law and other relevant legal provisions.
At the same time, Clause 2, Article 7 of the 2005 Law on Intellectual Property, as amended at Clause 3, Article 1 of the 2025 Law on Intellectual Property, stipulates that the exploitation and protection of intellectual property rights must not infringe upon the interests of the state, public interest, or the lawful rights and interests of other organisations and individuals. This means that businesses are not permitted to abuse intellectual property protection procedures in ways that cause harm to other entities.
In addition, Clause 4, Article 7 of the 2005 Law on Intellectual Property, supplemented at Clause 3, Article 1 of the 2025 Law, further stipulates that where a single object gives rise to or establishes multiple intellectual property rights, rights that arise or are established later may be compelled to cease if they conflict with the normal exploitation of rights that arose or were established earlier. The termination of such rights shall be decided by the courts.
Notably, the amended 2025 Law on Intellectual Property introduces numerous new provisions relating to artificial intelligence and digital transformation in the field of intellectual property. Specifically, Clause 5, Article 7, supplemented at Clause 3, Article 1, allows organisations and individuals to use lawfully published texts and data relating to intellectual property objects for scientific research, experimentation, and the training of artificial intelligence systems, provided that such use does not unreasonably prejudice the lawful rights and interests of authors and intellectual property rights holders.
In addition, Article 11b, supplemented at Clause 6, Article 1, stipulates that the state shall promote comprehensive digital transformation in intellectual property activities through the development of digital infrastructure, the provision of online public services, the establishment of databases for intellectual property rights protection, and the application of big data and artificial intelligence to enhance the efficiency and transparency of intellectual property activities.
Regarding state management responsibilities, Article 11 of the Law on Intellectual Property stipulates that the government shall exercise unified state management over intellectual property. The Ministry of Science and Technology is responsible before the government for leading and coordinating with the Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Environment in carrying out state management of intellectual property and industrial property rights.
The Ministry of Culture, Sports and Tourism is responsible for state management of copyright and related rights, while the Ministry of Agriculture and Environment is responsible for state management of rights to plant varieties within the scope of its duties and powers.
Furthermore, Article 10 of the Law on Intellectual Property stipulates that state management activities in the field of intellectual property include developing policies on intellectual property protection; promulgating and organising the implementation of intellectual property legislation; granting protection titles; conducting inspections, examinations, and complaint settlement as well as handling violations of intellectual property law; and organising information, statistical, assessment, and international cooperation activities relating to intellectual property.
These provisions demonstrate that enforcing intellectual property rights is not only the responsibility of state management agencies but also the proactive responsibility of businesses in protecting their intellectual assets, while simultaneously complying with and respecting the intellectual property rights of other organisations and individuals in accordance with the law.
(This article was prepared with legal data and information support from LuatVietnam.vn)
