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(Published in the Business Forum Magazine) Registering intellectual property (IP) internationally is not merely a shield to protect a brand, but also a gateway to genuine competitive advantage—provided that businesses adopt a well-planned strategy and are empowered by clear and effective support policies.
This article summarizes the insights shared by Lawyer Pham Duy Khuong, Managing Partner of ASL LAW, with Business Forum Magazine.
– How do you assess the policy direction set out in Resolution No. 68-NQ/TW (Resolution 68) encouraging private enterprises to register intellectual property rights internationally and with international organizations?
The inclusion of support for private enterprises to register IP rights internationally in Resolution 68 is both strategic and necessary, especially in the context of Vietnam’s deepening global integration. This policy not only helps protect Vietnamese brands and inventions in global markets but also enhances the value of intangible assets—a decisive factor in competition both domestically and internationally.
In practice, government support in terms of registration costs, legal consultation, and international networking provides clear incentives for businesses to actively establish and enforce IP rights beyond national borders. This reduces legal risks and elevates the global standing of Vietnamese products. Many countries have implemented similar support policies, which have fueled surges in patent and trademark application volumes.
Take China as an example: thanks to specific and assertive financial support policies, China has become a global leader in IP registration, not only in its domestic market but also on the international stage. The Chinese government has provided both policy and financial support for domestic and international IP filings.
There is a clear correlation between increased IP filings and measurable growth in innovation and creativity indices.
– In your opinion, what are the main barriers preventing Vietnamese private enterprises from registering IP in international markets?
Vietnamese private enterprises currently face multiple barriers to registering IP in international markets. The most significant challenge is the high cost of registration when filing separately in each target country—especially in demanding markets such as the United States, the EU, and Japan.
Moreover, most businesses lack legal knowledge and practical experience with international IP protection systems, resulting in a low success rate for applications. Many have yet to develop a sound registration strategy and are discouraged by high costs without realizing that with proper legal advice, those costs can be optimized.
The complex and lengthy application processes also increase the risk of errors and missed opportunities for early protection.
Another significant barrier is the cautious mindset when it comes to investing in intangible assets, which do not yield immediate value. Vietnamese businesses also often lack financial resources for such initiatives, while in many countries, inventors are backed by investment funds to support international IP protection efforts.
– What recommendations do you have to help private enterprises register IP internationally more effectively?
In my view, the first step is to establish a dedicated financial support fund for international IP registration, specifically targeting export-oriented or globally ambitious enterprises. This should be tied to suitable commitments to ensure the efficient use of funding. At the same time, the government should organize in-depth advisory programs and workshops that connect businesses with reputable local and international legal experts and law firms—under official government endorsement to ensure credibility and effectiveness.
Additionally, IP-related criteria should be integrated into investment and credit incentive policies to encourage businesses to treat intangible assets as a core part of their long-term development strategy. For example, companies granted patents could be eligible for corporate income tax incentives similar to those offered to high-tech enterprises. Financial disbursement mechanisms should also be flexible and convenient, with higher support levels awarded based on the number of IP applications filed by each business—creating clear motivation for innovation.
Furthermore, local governments should be assigned specific key performance indicators (KPIs) regarding the number of international patent and trademark applications. This would compel each province and city to develop localized policies to support their businesses in securing international IP protection. Finally, the government should establish IP service centers in major industrial zones to offer free consulting on IP strategy, patent searches, and application drafting.
Beyond policy support, I strongly encourage businesses to collaborate with Vietnam intellectual property agent that can build an enterprise-based IP strategy as an integral part of their international business planning. Leveraging the policy direction under Resolution 68 will not only safeguard intellectual property but also unlock real competitive advantages—provided companies act with clarity and timeliness.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
