Ministry of Science and Technology held a meeting of the Drafting Group for the Law on amending and supplementing a number of articles of the Law on Intellectual Property

On August 27, 2025, the Ministry of Science and Technology (MOST) held a meeting of the Drafting Team to develop the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property (IP). The meeting was chaired by Deputy Minister of MOST Hoang Minh, Head of the Drafting Team, with the participation of experts representing state management agencies, research institutes, universities, associations, enterprises and industrial property representative organizations.

Meeting of the Drafting Group to develop the Law Project amending and supplementing a number of articles of the Law on Intellectual Property.

Previously, on August 13, 2025, the Government issued Resolution No. 233/NQ-CP supplementing the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property to the National Assembly 's Legislative Program in 2025. On August 15, 2025, the Government submitted Document No. 701/TTr-CP to the National Assembly Standing Committee requesting implementation according to the simplified procedures.

Pursuant to the Prime Minister 's direction in Official Dispatch No. 974/TTg-PL, the Minister of Science and Technology issued Decision No. 2326/QD-BKHCN dated August 22, 2025 to establish a Drafting Team to develop a draft Law amending and supplementing a number of articles of the Law on Intellectual Property. This Drafting Team meeting aims to complete the dossier and prepare to submit it to the competent authority as prescribed.

In his opening speech, Deputy Minister Hoang Minh emphasized the need to amend and supplement a number of articles of the Law on Intellectual Property to update new issues and meet the requirements of socio-economic development. The Deputy Minister said that the Law on Intellectual Property has the participation of three ministries: the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism, and the Ministry of Agriculture and Environment . The Deputy Minister noted that because the Law is implemented according to a shortened order and procedure, it is necessary to focus on providing clear contents that have been summarized, evaluated and agreed upon.

Deputy Minister of Science and Technology Hoang Minh spoke at the meeting.

At the meeting, Mr. Nguyen Van Bay, Deputy Director of the Department of Intellectual Property, Ministry of Science and Technology, summarized the general issues on intellectual property in the Draft Law. Accordingly, the draft Law has provisions focusing on 05 policies, including: (i) Supporting the creation and commercial exploitation of intellectual property rights to promote innovation; (ii) Simplifying administrative procedures, facilitating the registration and establishment of intellectual property rights; (iii) Improving the effectiveness of intellectual property protection activities; (iv) Ensuring full implementation of Vietnam's international commitments on intellectual property protection in the integration process; (v) Updating new issues in intellectual property protection in the world in accordance with Vietnam's policies and socio-economic development level.

Regarding the content of supporting the creation and commercial exploitation of intellectual property rights to promote innovation: The draft Law supplements the content of the State's policies in supporting the creation and commercial exploitation of intellectual property rights to promote innovation; Supplements the provisions on the principles of piloting financial policies based on intellectual property rights; Supplements the provisions on intellectual property activities in state-owned enterprises.

Mr. Nguyen Van Bay, Deputy Director of the National Office of Intellectual Property, Deputy Head of the Drafting Team for the general report on the Draft Law on Intellectual Property Amendment.

Regarding improving the effectiveness of intellectual property rights protection activities: The draft Law amends and completes regulations in the direction of adding agencies participating in the implementation of intellectual property rights protection and stipulating focal agencies so that rights holders can provide information when their requests for protection of rights are not resolved; Amends and completes regulations to expand acts of intellectual property rights infringement subject to administrative sanctions; clarifies acts of intellectual property rights infringement subject to criminal sanctions, increases the level of compensation for damages according to the law; Amends and completes regulations on the scope of goods destroyed or distributed through non-commercial channels.

Mr. Nguyen Van Bay shared measures to strengthen the protection of rights in the digital environment such as: Adding acts of not complying with requests from competent authorities to remove, hide or disable access to information, content, accounts, pages, groups, channels, applications or digital identifiers related to acts of infringement of rights to trademarks, trade names and geographical indications; adding provisions on applying civil measures to acts of infringement of rights occurring in the digital environment...

Regarding industrial property, Mr. Nguyen Van Bay also pointed out the remaining issues and expected contents in the draft Law, including: simplifying administrative procedures, reducing implementation time, increasing resources for the agency directly managing the state on industrial property rights; ensuring full implementation of international commitments on industrial property protection; updating new issues in industrial property protection in the world.

At the meeting, Ms. Pham Thi Kim Oanh, Deputy Director of the Copyright Department, Ministry of Culture, Sports and Tourism, presented on copyright and related rights in the Draft Law. In recent times, the Copyright Department has closely coordinated with the Department of Intellectual Property to review, research and develop related contents. Accordingly, the reviewed, revised and supplemented contents on copyright and related rights all closely follow the policies on simplifying administrative procedures in registering copyright and related rights; organizing collective representatives of copyright and related rights; updating some new issues in copyright and related rights protection; fully meeting international commitments such as supplementing provisions on criminal handling of acts related to cable signals and satellite signals carrying encrypted programs.

Ms. Pham Thai Ha, representative of the Department of Crop Production and Plant Protection, Ministry of Agriculture and Environment, presented the content on rights to plant varieties, including the content to simplify administrative procedures in establishing rights to plant varieties; clarify issues that still have many different interpretations; add time limits for handling administrative procedures for cases where organizations and individuals self-test plant varieties, ...

Delegates discussed at the meeting.

At the Discussion Session, delegates directly contributed their opinions on issues in the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property, especially issues related to intellectual property and commercialization of intellectual property. Delegates shared the view that the issue of commercialization of intellectual property is a very important issue, including the gradual formation of an intellectual property database, the formation of experts and valuation organizations; increasing the number of industrial properties that create input for intellectual property. There should be solutions to increase industrial property registration, increase copyright, and reduce administrative procedures.

Due to its own characteristics, intellectual property needs to be valued based on mandatory principles and criteria. Valuation cannot be subjective but requires a specific, clear and unified set of criteria. The implementation process needs to establish valid principles and bases to ensure transparency and objectivity. The question is: What is the basis for identifying intellectual property and evaluating it reasonably? To value it, there needs to be an organization or individual with sufficient appraisal capacity, because the real value of intellectual property is still determined by the market. Therefore, it is necessary to build and use a reference price database, forming a team of valuation experts with in-depth expertise, in order to promote commercialization and protect intellectual property rights effectively.

Along with that, the delegates paid attention and discussed issues of data protection, infringement of rights in technology businesses, online filing system, reduction of administrative procedures, separate complaint mechanism for IP issues, enforcement of rights holders on digital platforms, trade names with trademarks, digital assets, decentralization - delegation of authority, time for application examination, electronic signatures and documents, implementation of some new issues of international trends such as cross-border data, digital assets, etc.

The meeting received many practical contributions from delegates, focusing on the core issues of the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property. This is an important basis for the Ministry of Science and Technology and the Drafting Team to continue to complete the dossier, ensuring quality and progress of submission to the National Assembly according to regulations.

Center for Science and Technology Communication

Source: https://mst.gov.vn/bo-khcn-hop-to-soan-thao-du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-so-huu-tri-tue-197250828102608354.htm