In this context, intellectual property (IP) is no longer confined to tangible forms or mechanically reproduced works but increasingly exists in the form of digitized data. Intellectual property rights (IPRs) - including copyright, related rights, and industrial property rights have become a fundamental driving force of the knowledge-based economy. However, the digital environment has also created unprecedented challenges for intellectual property law. Traditional protection and enforcement mechanisms, which are largely based on national territorial boundaries have proven inadequate or ineffective in addressing increasingly sophisticated cross-border infringements. This article analyzes the current state of IPR enforcement, identifies systemic barriers and proposes comprehensive solutions to enhance the effectiveness of intellectual property rights enforcement in Vietnam's digital era, while examining these issues in light of new-generation international commitments.
Keywords: 0; digital era; law enforcement; online copyright infringement; cyberspace.
I. CONCEPTS AND CHARACTERISTICS OF INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL ENVIRONMENT
1.1. The concept of intellectual property rights in the digital environment
Intellectual property rights in the digital environment refer to the legal rights over intellectual creations that are created, stored, transmitted, exploited or displayed in binary code (digital format) through the Internet and telecommunications networks. The principal protected subject matter includes: - Digitized literary, artistic and scientific works (e-books, online music, digital films); Computer programs, software, source code and mobile applications; Information technology inventions and software algorithms (under certain legal systems); Trademarks and domain names used on e-commerce platforms.
In essence, intellectual property rights in the digital environment are the lawful rights of individuals and organizations over digitized intangible assets. Protected subject matter includes: Software source code and mobile applications; Literary works, music and streaming video content; Graphic designs, digital images and website interfaces; Databases, virtual assets (NFTs and in-game items); Online registered trademarks and domain names. The principal pillars of digital intellectual property include: Digital copyright: Protection of copyright in digital content such as e-books, MP3 music, and streaming films (e.g., Netflix); Online industrial property: Protection of trademarks displayed on websites and e-commerce platforms, together with measures to prevent cybersquatting; Technology Protection: Protection of trade secrets relating to algorithms and user data.
1.2. Characteristics of intellectual property assets and infringing acts in the digital era
The digital environment has fundamentally transformed the nature of intellectual property assets, as reflected in the following key characteristics:
- Complete dematerialization: Intellectual property assets exist in the form of digital bits and bytes. The complete separation between creative content and traditional physical media (such as printed books and CDs) makes it significantly more difficult to monitor and control the circulation of protected works.
- Unlimited speed and scale of dissemination: Once leaked, a protected work can be distributed to millions of users worldwide within seconds through a single mouse click or via peer-to-peer (P2P) file-sharing networks.
- Perfect reproducibility at zero marginal cost: Digital copies are identical in quality to the original work. The reproduction process neither degrades the original nor incurs significant production costs.
- Borderless nature: An infringing act may be committed by an individual in Country A, hosted on a server located in Country B, registered under a domain name in Country C, while targeting consumers in Country D. This transnational nature blurs the traditional concept of national jurisdiction.
- High degree of anonymity: Encryption technologies, virtual private networks (VPNs), the dark web and cryptocurrency-based payment systems enable infringers to conceal their identities and obscure illicit financial transactions, thereby making detection and enforcement considerably more difficult.
II. THE CURRENT SITUATION OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT AND THE ENFORCEMENT OF INTELLECTUAL PROPERTY PROTECTION IN CYBERSPACE IN VIETNAM
2.1. Common forms of intellectual property rights infringement in the digital environment
Based on practical enforcement experience, intellectual property rights (IPRs) infringements in Vietnam’s digital era can be categorized into the following major forms:
a. Copyright and related rights infringement: Copyright and related rights constitute the area suffering the greatest economic losses. Unauthorized websites dedicated to films, music and comics frequently operate under international domain names (e.g., .tv, .to, .cc) and continuously change their web addresses by creating mirror websites to evade enforcement actions by competent authorities. Their common operating model involves embedding streaming source codes hosted on foreign cloud servers, removing Digital Rights Management (DRM) information and generating substantial illicit profits through online gambling and betting advertisements. The rapid development of artificial intelligence (AI) has also given rise to deepfake technologies that imitate the images and voices of artists, as well as the unauthorized use of artistic and literary works for training generative AI models without obtaining permission from rights holders or paying copyright royalties.
b) Infringement in E-commerce and social media platforms: Major e-commerce platforms and social networking services (such as Facebook, TikTok, and Instagram) have increasingly been exploited as large-scale distribution channels for counterfeit and trademark-infringing products. Sellers commonly use authentic product images for advertising purposes while delivering counterfeit goods to consumers. Intellectual property infringement through livestream selling has become widespread, taking advantage of platform recommendation algorithms to reach tens of thousands of potential customers simultaneously. Once detected, these virtual storefronts can be closed and re-established under new identities within minutes.
c. Software copyright and industrial property infringement: Software piracy - including the cracking of commercial software, operating systems and video games, followed by free distribution through online forums - remains a persistent problem. In addition, cybersquatting, whereby domain names incorporating well-known trademarks are registered in bad faith to extort businesses or redirect users to fraudulent websites has become increasingly sophisticated.
2.2. Achievements in the enforcement of intellectual property law
Vietnam has achieved significant progress in enforcing intellectual property rights in cyberspace. These improvements are reflected not only in the development of a more comprehensive legal framework but also in coordinated enforcement campaigns targeting digital infringements.
a. Improving the legal framework for the digital environment
- The 2022 Law amending and supplementing a number of articles of the law on intellectual property introduced numerous provisions specifically tailored to the digital environment. Most notably, it clarified the legal responsibilities of Internet Service Providers (ISPs) and intermediary service providers in protecting copyright and related rights.
- Institutionalizing the responsibilities of digital platforms: Amendments to the Law on Intellectual Property, together with relevant provisions of the Law on Cybersecurity, have established clearer obligations for digital platforms, social media providers and e-commerce marketplaces to remove infringing content upon request or in accordance with legal procedures.
- Strengthening digital identification and regulation of advanced technologies: New regulations require Internet service providers to facilitate IP address identification in accordance with applicable legal requirements. At the same time, the revised legal framework places stricter regulatory oversight on the misuse of artificial intelligence and deepfake technologies to infringe upon the lawful rights and interests of organizations and individuals.
b. Efforts of specialized enforcement authorities: The Inspectorate of the Ministry of Culture, Sports and Tourism, the Cybersecurity and High-Tech Crime Prevention Department (A05) under the Ministry of Public Security and the Market Surveillance Authority have jointly dismantled numerous large-scale infringement networks. A notable example is the criminal prosecution of individuals operating one of the world’s largest unauthorized movie-streaming websites, including the well-known phimmoi.net case, which has sent a strong deterrent message to potential infringers.
c. Application of technical enforcement measures: Cooperation between rights holders and the Authority of Broadcasting and Electronic Information has enabled the successful implementation of IP/DNS blocking measures against thousands of unauthorized football streaming and movie websites during copyright protection campaigns for major international sporting events.
The following are notable achievements categorized by specific areas:
- Enforcement, investigation and handling of violations: Market surveillance forces, the Cybersecurity Department, and other competent authorities have proactively cooperated with major e-commerce platforms - including Shopee, Lazada and TikTok Shop to deploy technical solutions for detecting, blocking and permanently disabling tens of thousands of virtual stores and accounts selling trademark-counterfeiting products. Hundreds of websites illegally distributing pirated films, music, e-books and television programs have been blocked or permanently disabled through DNS/IP blocking measures. In particular, pursuant to directives issued by the Prime Minister, investigative authorities and People's Courts at all levels have intensified the investigation, prosecution and adjudication of major intellectual property infringement cases involving cross-border elements or sophisticated high-tech methods, thereby establishing landmark precedents for future enforcement.
- Inter-agency and international cooperation: Cooperation among the Ministry of Science and Technology (through the Intellectual Property Office of Vietnam), the Ministry of Culture, Sports and Tourism, and the Ministry of Public Security has become increasingly effective. The sharing of electronic evidence among competent authorities has significantly shortened the time required for inspections, investigations and the handling of online infringements.
Vietnam has also established rapid communication and cooperation mechanisms with international film and technology associations to facilitate the timely handling of cross-border copyright infringement cases.
- Raising bublic and business awareness
+ Behavioral changes among digital users: Government communication campaigns promoting respect for copyright, discouraging the use of cracked software and advocating against unauthorized websites have contributed to greater public awareness. As a result, digital consumers are increasingly adopting lawful, subscription-based digital platforms and services.
+ Proactive protection by businesses: An increasing number of Vietnamese enterprises and digital content creators have become more proactive in protecting their intellectual property by registering their rights, deploying automated monitoring technologies to detect unauthorized use and promptly reporting online copyright infringements to the competent authorities.
III. SYSTEMIC DIFFICULTIES, OBSTACLES, AND CHALLENGES
Despite considerable efforts, the effectiveness of intellectual property rights (IPRs) enforcement in Vietnam's digital environment remains below expectations due to several fundamental barriers.
3.1. Inadequacies and gaps in the legal framework
- Unclear liability of technology intermediaries” Although the 2022 Law on Intellectual Property introduced provisions governing the responsibilities of Internet Service Providers (ISPs), the implementing regulations have yet to establish a comprehensive and effective Notice-and-Takedown procedure. The distinction between an ISP acting merely as a mere conduit and an ISP that knowingly facilitates or contributes to infringement remains insufficiently defined, creating legal uncertainty in enforcement.
- Challenges posed by artificial intelligence: The current Vietnamese intellectual property regime recognizes copyright protection only for works directly created by human authors. The emergence of generative artificial intelligence technologies, such as ChatGPT and Midjourney, has exposed significant legal gaps. Fundamental questions remain unresolved, including whether AI-generated outputs should qualify for copyright protection and, if so, who should be recognized as the rights holder - the prompt creator, the AI developer, or another party. Likewise, the legal responsibility arising from the use of copyrighted materials to train AI models has yet to be comprehensively addressed under Vietnamese law.
3.2. Difficulties in Collecting Evidence and Identifying Infringers
- Fragility of digital evidence: Evidence in cyberspace primarily consists of electronic evidence, which can be easily modified, deleted, encrypted, or remotely destroyed through a single command. Consequently, the collection, authentication, preservation, and notarization of digital evidence require sophisticated technical expertise and strict procedural compliance. Failure to preserve the integrity and authenticity of such evidence may result in its inadmissibility before the courts.
- Limited cooperation from cross-border digital platforms: Many hosting services, cloud computing providers and major social media platforms operate servers outside Vietnam. Requests directed to multinational technology companies including Meta, Google and Telegram for information identifying infringing users, such as IP addresses, registration data, or financial transaction records, frequently encounter legal obstacles arising from conflicts between Vietnamese law and foreign jurisdictions’ data protection and privacy regulations.
3.3. Institutional overlap and capacity constraints within the enforcement sSystem
Vietnam’s intellectual property enforcement system currently operates through a multi-agency structure involving the courts, specialized inspectorates, market surveillance authorities, customs authorities and public security agencies. While this institutional arrangement provides broad enforcement coverage, it reveals significant weaknesses in the digital era.
- Lack of real-time inter-agency coordination: Online infringements often require immediate intervention, with effective enforcement measured in minutes rather than days. However, coordination among competent authorities continues to rely heavily on traditional administrative correspondence, resulting in delays that substantially reduce enforcement effectiveness.
- Limited technical capacity of enforcement personnel: Many inspectors and enforcement officers were trained under conventional approaches designed for physical markets and tangible goods. As a result, they often lack advanced technological expertise and specialized forensic tools - including malware detection software, network traffic analysis systems and reverse engineering techniques - necessary to investigate increasingly sophisticated digital infringements.
- Overreliance on administrative sanctions and limited judicial effectiveness: Vietnam continues to rely predominantly on administrative penalties as the principal enforcement mechanism. Existing administrative fines - including the current maximum fine of VND 500 million for organizations committing copyright infringement are relatively insignificant compared with the substantial advertising revenues generated by unauthorized websites.
Conversely, civil litigation remains an infrequently utilized remedy because of lengthy judicial procedures, high litigation costs and the inherent difficulty of quantifying actual damages resulting from online infringements.
3.4. Public awareness and consumer behavior
A considerable proportion of Vietnamese consumers continue to regard digital content and software available on the Internet as free resources. This widespread acceptance of unauthorized access to digital products has unintentionally sustained copyright-infringing business models by generating substantial online traffic and advertising revenue for infringing websites and digital platforms.
IV. INTERNATIONAL COMMITMENTS AND EMERGING TRENDS IN INTELLECTUAL PROPERTY PROTECTION IN THE DIGITAL ERA
Through its participation in new-generation free trade agreements, particularly the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union - Vietnam Free Trade Agreement (EVFTA), Vietnam has undertaken commitments to strengthen intellectual property protection in accordance with standards comparable to those adopted in the United States and the European Union. These commitments require substantial reforms to the domestic intellectual property enforcement framework.
4.1. Core obligations under the CPTPP and the EVFTA concerning the digital environment
- Responsibilities of internet service providers: Both agreements require member states to establish legal mechanisms defining the responsibilities and liability limitations of Internet Service Providers (ISPs) with respect to online copyright infringement. They also encourage cooperation between ISPs and rights holders in removing infringing content through effective notice-and-takedown procedures.
- Technological protection measures (TPMs): The agreements require the criminalization of intentional acts aimed at circumventing technological protection measures, including regional coding systems, encryption technologies and copy-control mechanisms implemented by rights holders to protect copyrighted works.
- Rights management information (RMI): They further require effective legal remedies against the intentional removal, alteration or falsification of electronic Rights Management Information (RMI) used to identify copyrighted works, authorship, ownership or licensing conditions in the digital environment.
- Strengthening criminal enforcement: The scope of criminal liability must extend to commercial-scale copyright and trademark infringements committed in digital environments, including acts that may not generate direct commercial profit but nevertheless cause substantial economic harm to rights holders.
4.2. Global legislative trends
Vietnam should continue to draw upon advanced international legislative models in modernizing its intellectual property framework. One notable reference is the United States Digital Millennium Copyright Act (DMCA), particularly its Safe Harbor regime, which establishes conditional immunity for Internet Service Providers that comply with statutory notice-and-takedown obligations. Another important model is the European Union Copyright Directive in the Digital Single Market (DSM Copyright Directive), which imposes greater responsibilities on large online content-sharing platforms, including YouTube and TikTok to proactively deploy automated content recognition and upload filtering technologies capable of detecting and preventing copyright infringement before user-generated content is made publicly available. These international developments demonstrate a broader shift from reactive enforcement toward proactive digital governance, whereby online intermediaries are expected to play an increasingly significant role in preventing intellectual property infringements within the digital ecosystem.
V. SOLUTIONS FOR IMPROVING THE LEGAL FRAMEWORK AND ENHANCING ENFORCEMENT EFFECTIVENESS
To establish a healthy, secure, and internationally compliant digital environment, Vietnam should implement a comprehensive strategy comprising the following key policy measures.
5.1. Institutional and legal reform
- Refining the notice-and-takedown mechanism: The Government should promulgate implementing regulations that clearly define the procedures governing cooperation between rights holders and Internet Service Providers (ISPs). Such regulations should specify a mandatory timeframe - for example, within 24 to 48 hours after receiving a valid notification within which ISPs must temporarily disable or remove allegedly infringing content. At the same time, a counter-notice mechanism should be established to safeguard the legitimate interests of users whose content has been wrongfully challenged.
- Developing a legal framework for artificial intelligence: Vietnam should promptly consider further amendments to the Law on Intellectual Property to clarify the legal status of AI-generated works. A carefully limited fair use doctrine should be introduced for data mining activities conducted for AI training purposes, while technology companies developing AI systems should be required to disclose the sources of training data in order to enhance transparency and accountability.
- Strengthening deterrent sanctions and improving the compensation mechanism: Administrative penalties for online intellectual property infringements should be substantially increased to eliminate the economic incentives driving unlawful activities. In addition, the rules governing proof of damages in intellectual property litigation should be revised to allow courts to award statutory damages where rights holders are unable to demonstrate the precise financial losses caused by digital infringements.
5.2. Technological solutions: Using technology to regulate technology
- Establishing a national digital copyright monitoring system: Vietnam should invest in a centralized digital monitoring platform utilizing artificial intelligence and big data technologies to automatically detect, monitor and map online copyright infringements throughout the country.
- Applying blockchain technology to digital rights management: Content creators and enterprises should be encouraged to adopt blockchain technology and smart contracts for copyright registration, digital asset authentication (including NFTs) and the automated distribution and collection of royalty payments through transparent and tamper-resistant mechanisms.
- Standardizing electronic evidence collection: Technical guidelines should be developed for law enforcement agencies and market surveillance authorities regarding the extraction, preservation, and management of digital evidence - including network traffic records, log files and electronic data to ensure its admissibility and evidentiary value in judicial proceedings.
5.3. Strengthening institutional capacity and professional enforcement
- Establishing specialized intellectual property courts: Vietnam should consider establishing independent Intellectual Property Courts or specialized IP divisions within the High People's Courts, staffed by judges with expertise in both information technology and international intellectual property law. Such institutional reform would facilitate a gradual transition from an enforcement model dominated by administrative sanctions to one centered on judicial protection, in line with international best practices.
- Developing a real-time inter-agency coordination mechanism: A specialized rapid-response task force for digital intellectual property protection should be established, comprising representatives from the Ministry of Public Security (A05), the Ministry of Information and Communications, the Ministry of Science and Technology and the Ministry of Culture, Sports and Tourism. A unified online portal should be developed to receive complaints from rights holders and facilitate the immediate blocking or removal of infringing websites through coordinated enforcement actions.
5.4. International cooperation and public awareness
- Strengthening international legal cooperation:Vietnam should actively participate in regional and global intellectual property enforcement networks, including those coordinated by INTERPOL and the World Intellectual Property Organization (WIPO). It should also expand bilateral and multilateral agreements concerning the exchange of digital evidence, mutual legal assistance, extradition and cooperation in combating cross-border cybercrime.
- Promoting affordable licensed digital services: The Government should encourage enterprises to develop legitimate domestic digital content platforms - including subscription-based streaming services, music applications and digital libraries, offering high-quality services at prices affordable to Vietnamese consumers. International experience demonstrates that the most effective way to reduce digital piracy is not solely through prohibition and enforcement but also by providing attractive, convenient and reasonably priced legal alternatives.
- Enhancing public awareness and education: Education on intellectual property rights and respect for creative works should be incorporated into educational curricula at all levels, particularly in higher education institutions. In parallel, nationwide communication campaigns should be implemented to foster responsible digital citizenship and promote a culture in which the use of pirated products is widely recognized as both unethical and unlawful.
VI. CONCLUSION
The enforcement of intellectual property rights in the digital era is no longer merely a legal issue; it has become a strategic imperative that directly influences Vietnam’s national competitiveness in the global digital economy. While cyberspace offers unprecedented opportunities for domestic innovators, creators, and technology enterprises, these opportunities cannot be fully realized unless their intellectual assets are effectively protected against increasingly sophisticated forms of online infringement.
An effective intellectual property enforcement system in the digital era requires a fundamental transformation in legal and regulatory thinking from reactive, fragmented and manual enforcement toward proactive governance supported by advanced technologies and comprehensive international cooperation. Closing legislative gaps, clearly defining the responsibilities of digital intermediaries, deploying modern technological monitoring tools, and strengthening public awareness constitute the essential pillars of a sustainable intellectual property ecosystem. Together, these measures will enable Vietnam to develop a transparent, innovation-driven digital economy and strengthen its readiness to thrive in the Fourth Industrial Revolution.
Dr. Le Van Tam
REFERENCES
- National Assembly of the Socialist Republic of Vietnam. (2005, as amended in 2009, 2019, and 2022). Law on Intellectual Property.
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- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Chapter 18: Intellectual Property.
- European Union - Vietnam Free Trade Agreement (EVFTA), Chapter 12: Intellectual Property.
- World Intellectual Property Organization (WIPO). Handbook on the Enforcement of Intellectual Property Rights in the Digital Environment.
- Nguyen, Nhu Quynh. (2023). “Copyright Protection in the Digital Environment under Current Vietnamese Law”. Legislative Studies Journal.
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