Some comments on mortgage of intellectual property rights under vietnamese law – comparison with foreign experience

Abstract

In the digital age, innovation through intellectual property rights is an essential  factor in promoting economic, cultural, and social development in the world and  in Vietnam. For businesses, innovation is the premise of creating a competitive position and product goal and a channel to mobilize finance to help them create operating capital. In order to keep up with the general trend of the world, primarily through the use of intellectual property rights obtained from innovation activities as collateral to seek financial resources, intellectual property rights mortgage has also been interested by Vietnamese lawmakers and legalized through the provisions of the 2015 Civil Code, the revised 2015 Law on Intellectual Property, and guiding decrees such as Decree 21/2021/ND-CP related to the implementation of the Civil Code on ensuring the performance of obligations and Decree 76/2018/ND-CP detailing and guiding the implementation of several articles of the Law on Technology Transfer. The legal framework is available. However, secured transactions in the form of intellectual property rights mortgages in Vietnam still face many difficulties due to the lack of specific and favorable regulations, thus limiting the development potential of the creative economy, while in other countries, this activity has been taking place for a long time and is the driving force of the economy and society. The article uses the method of analysis and synthesis to clarify the shortcomings in Vietnamese legal regulations on intellectual property rights mortgage, especially related to the contents of intellectual property rights valuation, intellectual property rights mortgage registration, and mortgage of usage rights, combined with the method of comparison with foreign laws in some foreign countries such as Indonesia and the United States, thereby making some proposals to perfect those issues in Vietnamese law.