Additional responsibilities of digital platform owners
The issue of selling counterfeit goods, copying content, illegally using images and videos, or livestreaming using music without permission is becoming increasingly common in the digital environment.
In response to this situation, intellectual property law has gradually improved regulations to strengthen the responsibility of businesses providing digital platforms in protecting intellectual property rights.
The amended Intellectual Property Law of 2022 has added Article 198b to the Intellectual Property Law, which for the first time specifically stipulates the legal responsibility of businesses providing intermediary services for protecting copyright and related rights in the online environment.
According to this regulation, intermediary service providers are understood as businesses that provide technical means for organisations and individuals to upload digital information content to telecommunication networks, the internet, or provide online connections for the public to access digital content.
Article 198b requires these businesses to implement necessary technical measures, coordinate with competent state agencies, and cooperate with rights holders to protect rights in the online environment. This regulation directly impacts many current digital platform models such as e-commerce platforms, social networks, video sharing platforms, digital content websites, or applications that allow users to upload content.
Notably, the amended Intellectual Property Law of 2025, No. 131/2025/QH15, significantly expanded the scope of regulation. Previously, responsibility primarily focused on copyright and related rights; now, it has been broadened to include legal responsibility for intellectual property rights of intermediary service providers and digital platform owners.
Furthermore, the new law adds the responsibility of digital platform owners to implement measures to protect intellectual property rights in cyberspace in accordance with the laws on intellectual property, e-commerce, and cybersecurity, as well as other relevant legal regulations.
This means that the responsibility of platforms is no longer limited to videos, music, or digital content, but has expanded to include many other intellectual property objects such as trademarks, logos, packaging, product images, or commercial identification marks that are infringed upon in the digital environment.
Proactively building a mechanism for handling intellectual property violations
Current laws clearly define acts considered to be copyright infringements in the digital environment. According to Article 28 of the Intellectual Property Law, violations may include unauthorised copying of works, communicating works to the public online without permission, distributing unauthorised copies, or intentionally disabling technical measures protecting copyright.
In reality, intellectual property infringements are increasingly prevalent in various forms, such as selling counterfeit goods, infringing trademarks, unauthorised use of product images, copying website content, re-uploading videos, illegally exploiting digital content, livestreaming sales using unlicensed music, or posting content without the consent of the copyright owner.
In the context of expanded responsibilities for intermediary service providers, digital platforms need to proactively build mechanisms for receiving feedback, verifying information, and handling or removing infringing content, while also implementing technical solutions to protect intellectual property rights.
However, expanding responsibility does not mean that every e-commerce platform or social network is automatically liable on behalf of the seller or content poster.
Clause 2, Article 7 of the amended Intellectual Property Law of 2025 stipulates that the exploitation and protection of intellectual property rights must not infringe upon the legitimate rights and interests of other organisations and individuals and must comply with relevant legal regulations.
Therefore, determining the specific responsibility of a platform in each case still depends on the actual actions that occurred, the level of involvement of the platform, the mechanisms for handling violations that have been implemented, and relevant specialised legal regulations.
The current management trend does not place absolute responsibility on e-commerce platforms or social networks; however, it requires these platforms to be more proactive in preventing, detecting, and handling intellectual property infringement in cyberspace.
