The Intellectual Property (IP) Law, as amended in 2025, officially came into effect on April 1, 2026. While previous amendments to the IP Law primarily focused on issues related to the establishment and enforcement of rights to meet practical demands and fulfill international commitments in new-generation FTAs, the 2025 amendment reveals a notable shift in legislative mindset. According to the author, the most significant difference in this Law lies in the fact that intellectual property are no longer viewed merely from the perspective of “rights needing protection,” but have been approached as a type of business asset that needs to be proactively managed, exploited, and commercialized.
Perspectives on intellectual property management in the 2025 IP Law
It is evident that, in the context of the digital economy and where innovation is increasingly becoming the decisive factor in an enterprise’s competitiveness, lawmakers are aiming to establish a legal mechanism that encourages businesses to manage IP in the same way they manage other tangible assets. One of the clearest manifestations of this change is the new regulation in Article 8a regarding the management and exploitation of intellectual property rights, according to which “intellectual property right holders are responsible for establishing a separate portfolio for internal management of rights that do not yet meet the conditions for recognition as assets in accounting records under the provisions of accounting law.” This is a policy-oriented shift rather than a mere technical regulation.
When placed within the overall trend of modern corporate governance, this regulation carries a much greater significance. It is clear that lawmakers are sending a distinct message that intellectual property are no longer “invisible” factors only of concern when disputes occur or when registration for protection is needed, but have become a resource that needs to be inventoried, controlled, and exploited systematically.
In the past, enterprises often only focused on intellectual property once those assets had their rights established through protection titles such as Trademark Registration Certificates, Design Patents, or Invention Patents. However, in reality, many of an enterprise’s core values lie in assets that have not been “materialized” on accounting books, such as trademarks in use but not yet registered, internal software, customer databases, operational processes, trade secrets, or research and development (R&D) results currently in the completion stage.
Nevertheless, in many cases, these assets exist in a fragmented form, lacking a centralized management mechanism and depending on specific departments or individuals within the enterprise. This causes difficulties for businesses in controlling, exploiting, and protecting their assets, especially when disputes, transfers, or investment capital calls arise.
In that context, the regulation on establishing an internal intellectual property rights portfolio can be seen as a step toward encouraging enterprises to build a systematic and continuously updated internal IP inventory system. This is the core value of the new regulation, rather than just a matter of mere administrative procedure.
A systematic IP inventory system will allow enterprises to record, classify, and track all the intellectual property they hold. From this foundation, enterprises can evaluate which assets need protection registration, which have the potential for commercialization, and which require continued investment and development to form an IP portfolio with higher commercial value, often referred to as an intellectual property asset portfolio.
From a management perspective, it is noteworthy that establishing an IP portfolio does not only serve the objective of legal compliance. Furthermore, it serves as a basis for enterprises to change their view of intellectual property, from only recognizing assets that have been granted protection titles to identifying all internal creative results.
Through this systematic “data warehouse,” enterprises can screen potential assets to build a robust intellectual property portfolio, creating an advantage in commercial transactions. This is also an important testament to capacity and reputation, helping enterprises convince investors in fundraising or M&A deals thanks to transparency regarding legal status. Most importantly, this centralized recording system allows enterprises to proactively control risks, from managing protection terms to securing trade secrets and avoiding unintended legal disputes.
It can be seen that the regulation on establishing an internal intellectual property rights portfolio is not merely a new legal obligation. Furthermore, it is a sign showing the change in the way modern enterprises create and manage value. As intellectual property increasingly becomes a core factor of competitiveness, building a systematic management system will no longer be an encouraged choice, but will gradually become an inevitable requirement for enterprises in the knowledge economy.
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By: Vu Thi Nhat Thao
Tran Ha My
