According to Vietnam’s Decree No. 100/2026/ND-CP Article 10a is added after Article 10 of Decree No. 65/2023/ND-CP providing for rights to industrial property subject matters created using artificial intelligence systems as follows:
- Industrial property rights to inventions, industrial designs, and layout designs created by humans using artificial intelligence systems shall only be established in accordance with Point a Clause 3 Article 6 of the Law on Intellectual Property if humans make a significant contribution to the creation of such subject matters.
A person who makes a significant contribution to the creation of an invention, industrial design, or layout design when using an artificial intelligence system to create such subject matters shall be regarded as the author in accordance with Clause 1 Article 122 of the Law on Intellectual Property.
- A human shall be considered to have made a significant contribution to the creation of an invention, industrial design, or layout design using an artificial intelligence system where the human performs all of the following activities:
+ Identifying the problem to be solved, which must include the idea of a solution, not merely a general description of the problem;
+ Selecting input data, objectives, constraints, and parameters based on human creative ideas, rather than relying solely on available data or automatic suggestions from the artificial intelligence system;
+ Assessing, selecting, refining, testing (if any), and interpreting the results generated by the artificial intelligence system, where such refinement must alter the core structure or function of the system’s output to create new value;
+ Deciding the final result as the invention, industrial design, or layout design for which protection is sought.
- For inventions, industrial designs, and layout designs created using artificial intelligence systems that do not meet the conditions specified in Clauses 1 and 2 of this Article, the creator shall have the right to use or permit others to use such inventions, industrial designs, or layout designs, provided that such use does not infringe upon the lawful rights and interests of other organizations or individuals.
- Industrial property rights to trademarks, trade names, geographical indications, and trade secrets created using artificial intelligence systems shall be protected if they satisfy the conditions prescribed by the law on intellectual property.
See more details in Decree No. 100/2026/ND-CP effective as of April 1, 2026.
>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE
Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to [email protected].
447