Improving the legal framework for mortgages over enterprises’ industrial property rights in trademarks

As intangible assets play an increasingly important role in business operations, mortgaging industrial property rights in trademarks can expand enterprises’ access to capital for production and commercial activities. This study analyzes Vietnamese legal provisions governing mortgageable rights, registration of security interests, valuation, management, preservation, and enforcement of trademark rights. The findings show that although Vietnamese law recognizes intellectual property rights as eligible collateral, inconsistencies remain concerning the scope of collateral, publicity of secured transactions, priority rules, preservation of asset value, valuation, and enforcement procedures. The study proposes improving the legal framework by integrating relevant registration systems, clarifying priority rules, standardizing trademark valuation, strengthening mechanisms for preserving collateral value, and establishing more effective procedures for enforcing security interests in trademarks.