Preventing intellectual property infringement:

The amended Law on Intellectual Property has officially come into effect, marking a significant shift in the management of the digital space. For the first time, the legal responsibilities of digital platforms and intermediary businesses are clearly defined, accompanied by stronger enforcement tools, aiming to effectively control the widespread intellectual property infringement.

Delegates discuss at the workshop "Some Issues in the Enforcement of Intellectual Property Rights" organized by the Vietnam Federation of Trade and Industry in December 2025. Photo: Bich Lien

Expand the scope of regulation.

The digital age opens up unprecedented creative space, but it also brings with it negative consequences: Intellectual property infringement is widespread, sophisticated, and increasingly difficult to control. With just a few simple steps, digital products can be copied and distributed widely, even across borders, making identifying and prosecuting violations complicated.

In this context, the Law amending and supplementing a number of articles of the Intellectual Property Law (effective from April 1, 2026) has introduced an important adjustment: tightening the responsibilities of digital platforms and intermediary businesses.

Regarding this area, Deputy Director of the Intellectual Property Office ( Ministry of Science and Technology ) Nguyen Hoang Giang stated: "Regulations on tightening the responsibility of digital platforms and intermediary businesses are one of the important contents aimed at addressing the situation of intellectual property rights violations, especially in the online environment."

A notable new feature of the amended Law on Intellectual Property is the expansion of its scope. Previously, the law primarily addressed intermediary service providers (those providing internet access and hosting services). Now, it adds a particularly important category: "owners of digital platforms," ​​including social media and e-commerce platforms as defined by law. Significantly, the law includes a provision requiring owners of digital platforms to implement measures to protect intellectual property rights in cyberspace, complying simultaneously with regulations on intellectual property, e-commerce, cybersecurity, and other related laws.

According to Mr. Nguyen Hoang Giang, this shows a clear shift from a "responsible response" approach to a "proactive prevention" approach. Instead of waiting for violations to occur before taking action, platforms must participate from the outset in controlling and preventing infringing behavior.

Besides expanding responsibilities, the Law amending and supplementing certain articles of the Intellectual Property Law also adds stronger legal tools to handle violations in the digital environment. Accordingly, courts are empowered to apply temporary emergency measures against acts of intellectual property infringement. Specifically, courts can issue decisions to order the removal, hiding, or blocking access to infringing content on the internet; they can temporarily disable access to accounts, websites, applications, or internet identities related to the infringing act…

A coordinated effort from regulatory agencies is needed.

According to the assessment of the regulatory agency, the Law amending and supplementing several articles of the Intellectual Property Law has contributed to perfecting the legal framework, promoting innovation, effectively protecting intellectual property rights, and transforming intellectual property assets into a driving force for socio -economic development. However, the biggest challenge remains in dealing with cross-border platforms, entities that do not have servers or legal entities located in Vietnam. In this case, enforcement cannot rely solely on the law but requires coordination from multiple legal systems such as civil, administrative, and criminal law, as well as international cooperation.

According to Bui Nguyen Hung, Chairman of the Vietnam Association for Innovation and Copyright, for the regulations to be effective, close coordination is needed between state management agencies, especially between the Ministry of Public Security, the Ministry of Science and Technology, and other relevant agencies.

From a policy perspective, for laws to be effectively implemented, authorities need to adopt an "action program" approach, with clear timelines, measurable indicators, and specific accountability. Accordingly, one of the top priorities is enhancing enforcement capacity in cyberspace, including building rapid processing procedures, standardizing digital evidence, and establishing effective inter-agency coordination mechanisms. Furthermore, identifying organizations and individuals in the digital environment is considered a key factor. When entities are clearly identified, tracing and addressing violations becomes easier, reducing anonymity.

Another important direction is the application of technology in protecting intellectual property rights, such as using artificial intelligence and blockchain to detect, trace, and protect intellectual property in the digital environment...

Experts believe that, if implemented effectively, the law will contribute to building trust among consumers and investors, while promoting the healthy development of the digital economy. However, its effectiveness still depends on the enforcement capacity and the coordinated efforts of regulatory agencies.

Source: https://hanoimoi.vn/ngan-chan-vi-pham-so-huu-tri-tue-siet-chat-trach-nhiem-phap-ly-744091.html