Vietnam amends Law on Intellectual Property

Minister of Science and Technology Nguyen Manh Hung made the statement at a meeting on September 23 with the National Assembly (NA) Standing Committee to discuss draft amendments to the law.

Hung said that enterprises will determine the value of IPR for internal management, then through an intermediary organisation. The valuation will be made public before a transaction in accordance with international practice.

The NA Standing Committee discussed the draft amendments to the IP law. Photo: National Assembly Portal

Responding to questions from some NA delegates about AI, he explained that using public data to train AI does not require copyright permission, as long as it is not copied verbatim because if it is banned, it will reduce competitiveness. Many countries such as Japan have legalised this regulation. For works created by AI, if the AI ​​is created without human participation, it is not protected and must be labelled; on the contrary, if humans use AI as a tool, it is still protected.

In the face of the fact that original news produced by press agencies is often used by aggregators, making greater profits while journalists have to put in more effort, Chairman of the NA Committee on Culture and Social Affairs Nguyen Dac Vinh suggested that the drafting agency should study and supplement regulations to protect the rights of the mainstream press. There should be an agreement mechanism among press agencies to ensure legitimate rights and create revenue.

Regarding this issue, Hung said that copying articles without agreement is a violation, especially on social networks and aggregator sites. The ministry will coordinate with the Ministry of Culture, Sports, and Tourism to clarify and ensure that no additional administrative procedures arise.

Minister of Science and Technology Nguyen Manh Hung. Photo: National Assembly Portal

Other comments from delegates on the legal responsibilities of intermediary platforms, decentralisation, and new concepts will be considered and specified in decrees and circulars to both ensure consistency in the legal system and avoid increasing procedural burdens.

NA Vice Chairman Nguyen Khac Dinh suggested that comments and ideas should be fully considered, especially on adding regulations for new IP subjects such as digital derivative products, AI, and big data. They should clearly specify the effective date, and add transitional provisions to avoid legal gaps.

The draft law is expected to create a modern legal corridor, and improve the protection and exploitation of intellectual property values, thereby contributing to promoting innovation, digital transformation, and international integration.

As planned, the draft amendments will be submitted to the NA's 10^th session in October.

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