Intellectual property mortgage - Legal aspects and practice

Abstract

Using intellectual property as collateral for loans is widely accepted around the world, but this is new in Vietnam despite the allowance of contemporary legal regulations. This is an opportunity for individuals and enterprises in Vietnam. However, in practice, accessing loans by mortgaging intellectual property at banks in Vietnam is challenging. The difficulties may come from the lack of detailed regulations, the challenge of valuating “intangible” intellectual property, or potential conflict resolutions. This paper examines the issue from a legal perspective and shows difficulties when mortgaging intellectual property in Vietnam.