Need to sanction intellectual property infringement in the online environment

(GLO)- The need for strong enough mechanisms and sanctions to handle intellectual property infringement in the online environment is an issue that received attention at the group discussion within the framework of the 10th session of the 15th National Assembly on the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.

Improve the effectiveness of intellectual property protection activities

Participating in the discussion, delegate Dong Ngoc Ba (member of the National Assembly Delegation of Gia Lai province) agreed with the scope of amendments and supplements to the draft Law on amending and supplementing a number of articles of the Law on Intellectual Property (IP). The draft content basically follows the policies: supporting the creation and commercial exploitation of IP objects to promote innovation; simplifying administrative procedures, facilitating the registration and establishment of IP rights; improving the effectiveness of IP protection activities.

Delegate Dong Ngoc Ba suggested that it is necessary to continue studying regulations related to the principles of establishing and protecting intellectual property rights with the support of AI. Photo: Provincial National Assembly Delegation

At the same time, ensure full implementation of Vietnam's international commitments on intellectual property protection in the integration process; update new issues in intellectual property protection in the world in accordance with Vietnam's policies and socio- economic development level.

Delegate Ba also requested the drafting agency to study and complete some contents. Specifically, the draft Law has added provisions related to the cases of using legally published data to research, train and develop artificial intelligence (AI) systems under certain conditions, but it is necessary to continue studying provisions related to the principles of establishing and protecting intellectual property rights when supported by AI.

In addition, the provision: “Intellectual property rights arising later or established later may be cancelled or prohibited from being exercised if the exercise of such intellectual property rights constitutes an infringement of the rights to intellectual property rights which have been established or arisen earlier. The cancellation or prohibition of the exercise of intellectual property rights as prescribed in this clause shall be decided by the Court” ( added to Clause 4, Article 7 of the Law on Intellectual Property) leads to the understanding that it limits the scope of measures that intellectual property rights holders can take to protect their rights. Accordingly, intellectual property rights holders can only apply procedural measures (file a lawsuit). This is inappropriate in both theory and practice; the protection of intellectual property rights can be carried out by many administrative, civil and criminal measures.

The regulation “ 1. For intellectual property rights that do not meet the conditions for recording asset value in accounting books , the intellectual property right owner can determine the value and create a separate list for management . The intellectual property right owner can use intellectual property rights to conduct commercial transactions, contribute capital, and mobilize capital in forms prescribed by law” (amended Clause 1, Article 8a) is still general and needs to be clarified to ensure transparency and feasibility.

In addition, the provision adding to Article 201 a number of cases that are granted IP assessor cards (including individuals directly involved in drafting and guiding the implementation of legal documents on IP; directly inspecting, resolving disputes, complaints and denunciations about IP at state management agencies on IP rights; directly assisting in IP assessment work at competent state agencies) is not really consistent with the professional nature of IP assessment activities.

According to Deputy Ba, IP appraisal is a specialized activity of a technical and professional nature, requiring in-depth capacity on IP rights subjects, determining infringing elements, similarities, novelty, right value or scope of protection... Therefore, Deputy Ba suggested that the drafting committee make appropriate adjustments.

Need sanctions to handle intellectual property infringement on the internet environment

Participating in the discussion on the draft Law amending and supplementing a number of articles of the Law on Intellectual Property, Deputy Nguyen Thi Thu Thuy (Member of the National Assembly Delegation of Gia Lai Province) raised the issue of many shortcomings in the provisions on copyright and related rights in the digital environment. Although the amended Law on Intellectual Property in 2022 has added Article 198a on measures to handle infringements in the online environment, the implementation process still faces many difficulties.

“Proving copyright and damages in the digital space is very complicated, while current administrative sanctions are still light and not deterrent enough. Regulations on handling websites that use movies, photos, and even counterfeit brands registered for intellectual property are not clear. Control of online content and copyright protection on digital platforms are not guaranteed. Therefore, there needs to be mechanisms and sanctions to prevent more effectively in the coming time,” Deputy Thuy proposed.

Delegate Nguyen Thi Thuy raised the issue of inadequate regulations on copyright and related rights in the digital environment. Photo: Provincial National Assembly Delegation

On the other hand, the time for examining applications for trademarks, patents, and industrial designs in Article 119 of the draft Law is still long, although compared to the old Law, it has been reduced to an average of 5-12 months, shortening the processing time to facilitate applicants and better meet the needs of society...

The situation of “pre-registration - post-use” is still common, causing damage to legitimate rights holders, especially in the era of digital technology and rapidly developing AI as today. Deputy Thuy said that the drafting committee should consider reducing the registration and approval time, creating more favorable conditions for businesses and individuals in this field.

On the other hand, the emergence of AI, blockchain, and big data raises many new legal issues that the IP Law does not yet specifically regulate, especially regarding AI-generated works or rights to non-personal data. Therefore, it is necessary to study and supplement regulations on the protection of AI-generated works, rights to digital data, and mechanisms for protecting intellectual property in cyberspace.

Deputy Nguyen Thi Mai Phuong suggested considering whether AI-related content should be included in the Law amending and supplementing a number of articles of the Law on Intellectual Property, or included in the law on AI. Photo: Provincial National Assembly Delegation

Participating in the discussion, Deputy Nguyen Thi Mai Phuong (Member of the National Assembly Delegation of Gia Lai Province) said that the National Assembly is also expected to promulgate many laws related to this issue, such as the law on AI. Therefore, Deputy Phuong suggested that the Government consider whether the content related to AI should be included in the Law amending and supplementing a number of articles of the Law on Intellectual Property, or included in the law on AI. This will avoid duplication or conflicting regulations, and later the implementing organization will not know which law to follow.

Source: https://baogialai.com.vn/can-che-tai-xu-ly-hanh-vi-xam-pham-so-huu-tri-tue-tren-moi-truong-mang-post571397.html