Perfecting the legal framework for intellectual property as a new growth driver

DNVN - On the morning of October 3, in Hanoi, the Central Policy and Strategy Committee and the Ministry of Science and Technology organized a workshop on "Legal framework and policies on commercialization of intellectual property rights - a new driving force for economic growth". The rapid increase in inventions but low commercialization in Vietnam requires a stronger legal framework to turn innovation into wealth.

Mr. Pham Dai Duong, member of the Party Central Committee, Deputy Head of the Central Policy and Strategy Committee, delivered the opening speech. Photo: Central Policy and Strategy Committee

The workshop was organized to soon realize the goals set out in Resolution No. 57-NQ/TW dated December 22, 2024 of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation, especially Plan No. 01 on strategic actions to implement Resolution 57. In particular, breakthrough initiative No. 7 stated in Plan No. 01 is directly related to the intellectual property ecosystem and knowledge and technology transfer. This initiative affirms the need to create a favorable environment and effective mechanism for the protection, exploitation, commercialization of intellectual property and strongly promote technology transfer activities between research institutes, universities and enterprises.

Comrade Pham Dai Duong, member of the Party Central Committee, Deputy Head of the Central Policy and Strategy Committee, emphasized that in innovation, the issue of intellectual property is of special importance. Intellectual property not only protects creative results, creates motivation for R&D investment, but also creates a bridge to transfer technology from the laboratory to the market, turning knowledge into goods through the commercialization of intellectual property.

New legal framework creates foundation, but does not promote commercial exploitation of intellectual property

Mr. Hoang Minh, Deputy Minister of Science and Technology, spoke at the workshop. Photo: Central Policy and Strategy Committee

According to Deputy Minister of Science and Technology Hoang Minh, there are currently three major trends in the development of the innovation system:

Shifting focus : Developed countries are shifting strongly from protection to exploitation and commercialization of intellectual property rights, thereby contributing to economic development. For example, intellectual property-intensive industries contributed 47% of GDP value in the EU (2017-2019), 41% in the US (2019), and 43.1% in South Korea (2015).

Intellectual Property-Based Finance Systems : Intellectual property-based finance and credit systems are becoming increasingly popular. China is the world's largest intellectual property finance market, supporting about 37,000 small and medium-sized enterprises to access capital through patent and trademark mortgages, with the financing value reaching about 854 billion yuan by 2023.

Investment in intangible assets is superior : The trend of investment in intangible assets is increasingly superior to tangible assets. According to the World Intellectual Property Organization (WIPO), in the period 2008 - 2023, investment in intangible assets increased nearly four times compared to investment in tangible assets.

In Vietnam, the number of patent applications and utility solutions filed by Vietnamese people increased by an average of 11.7% per year (2014-2024), reflecting great creative potential. However, the reality shows that commercialization activities are still very limited. Deputy Minister Hoang Minh commented that the current legal framework, although creating a foundation for protection, is not strong enough to promote application and commercial exploitation.

Removing bottlenecks through legal reform

The Ministry of Science and Technology has been assigned by the Government to preside over the review of intellectual property regulations and propose amendments and supplements to the current Intellectual Property Law (according to Resolution No. 124/NQ-CP dated May 8, 2025).

Through review, the Ministry of Science and Technology found that many regulations on establishing, exploiting, valuing and transferring intellectual property have not kept up with practical requirements, are scattered and lack consistency with other laws.

To overcome these shortcomings, the Drafting Committee of the Law on amending and supplementing a number of articles of the Law on Intellectual Property has proposed policies to:

Expanding the discretion of intellectual property owners;

Establish a transparent mechanism for capital contribution, transfer, valuation and mortgage of intellectual property;

Encourage the formation and development of intermediary organizations such as trading floors, technology transfer offices, and intellectual property valuation organizations.

Commenting that the Workshop is a key activity, a place to gather and analyze opinions of subjects directly affected by the policy of "Supporting the creation and commercial exploitation of intellectual property objects to promote innovation", the Deputy Minister asked delegates to give specific and constructive comments to perfect the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.

The discussion and completion of regulations on the commercialization of intellectual property rights in the draft amendments to the Law on Intellectual Property are of key importance to the competitiveness and sustainable development of the national economy. Commercialization of intellectual property is a decisive step in transforming creative results into economic value and social benefits. If the legal framework is not complete, transparent and feasible, the entire process from research to application will be interrupted, reducing the efficiency of investment in science and technology.

Hien Thao

Source: https://doanhnghiepvn.vn/cong-nghe/hoan-thien-khung-phap-ly-de-so-huu-tri-tue-la-dong-luc-tang-truong-moi/20251003032440973