AI and the functions of intellectual property law: Policy implications for innovation in Vietnam

Artificial intelligence (AI) is transforming the ways in which knowledge is created, used, and disseminated, thereby requiring a reassessment of the role of intellectual property (IP) law within innovation systems. This study employs qualitative legal research, document analysis, literature review, and policy comparison to clarify the shift from a rights-protection model toward innovation governance. The findings show that exclusive rights remain necessary but are no longer sufficient in an innovation environment increasingly shaped by data, algorithms, and open collaboration. For Vietnam, reform should focus on five areas: principles governing AI-assisted outputs; responsible access to data; technology transfer and commercialization of IP assets; the digital governance capacity of IP institutions; and mechanisms for policy experimentation and evaluation. The study proposes an “IP Governance” approach that links rights protection with knowledge circulation, innovation, and national competitiveness.