Only protects intellectual property created by humans

Regarding ownership of products created by artificial intelligence (AI), the current Intellectual Property Law (IP) stipulates that it only protects objects created by humans. The draft IP Law also amends and supplements it in the direction of canceling or refusing to grant protection certificates to objects not created by humans.

The Law on Intellectual Property assigns the Government to regulate the creation and establishment of rights to objects created using AI systems.

The Ministry of Science and Technology said that at the 10th session of the 15th National Assembly, delegates proposed to add to Article 7 the principle of only recognizing intellectual property rights for products with decisive creative contributions from humans in the process of forming, editing or orienting content; Ownership, exploitation and legal responsibility for products created by AI belong to organizations and individuals who directly train and operate; assign the Government to specify detailed regulations and criteria for assessing the level of creativity owned by humans; and specify the issue of intellectual property protection in cases where authors use AI to create products. There were also opinions suggesting that it is necessary to recognize and regulate in law the creative role of humans in the chain of AI creations and clearly define standards to determine authors, and prohibit or restrict copyright registration for works completely generated by AI.

According to Deputy Minister of Science and Technology Hoang Minh, regarding these contents, the Government has the following response: Regarding ownership of products created by AI, the current Intellectual Property Law stipulates that intellectual property rights are only protected for objects created by humans (Clause 1, Article 12a, Clause 3, Article 14 and Clause 1, Article 122). To comply with this provision, the draft Intellectual Property Law also amends and supplements Article 96, Article 109 and Article 117 in the direction of canceling or refusing to grant protection certificates for objects not created by humans.

The draft Law has been revised in the direction that organizations and individuals are allowed to use documents and data on intellectual property rights that have been legally published and the public is allowed to access for the purpose of scientific research, testing, and training of AI systems, provided that this use does not unreasonably affect the legitimate rights and interests of authors and intellectual property rights owners according to the provisions of the Law on Intellectual Property (not mentioning specific acts such as copying, publishing, etc. to create certain flexibility (taking advantage of the provisions on exceptions to copyright and related rights, which may include making temporary copies)). Decree No. 17/2023/ND-CP of the Government has provisions on: "unreasonably affecting the legitimate rights and interests of authors and intellectual property rights owners".

Regarding the addition of a provision allowing the owner to reserve the right to use machine-readable media (which is the EU model), Deputy Minister of Science and Technology Hoang Minh said that this provision could create significant legal barriers to training AI systems, increase compliance costs and slow down the development of the domestic AI industry. This issue will be further studied to be regulated in the Government's Decree. The addition of "other legal systems" in addition to the AI ​​system needs to be carefully studied and fully assessed for the urgency, content and impact of the provision, and is not suitable to be included in the draft Law built according to the shortened process and procedures this time.

Khac Hanh - Tran Viet

Source: https://daidoanket.vn/chi-bao-ho-quyen-so-huu-tri-tue-do-con-nguoi-tao-ra.html