Expand protection to include non-physical industrial designs.

On the afternoon of December 10th, with 432 delegates voting in favor, representing 91.33% of the total number of delegates, the National Assembly passed the Law amending and supplementing a number of articles of the Intellectual Property Law.

Minister of Science and Technology Nguyen Manh Hung. Photo: QUANG PHUC

According to Minister of Science and Technology Nguyen Manh Hung, the amended Law on Intellectual Property clearly defines the subjects of creation and objects created by artificial intelligence (AI). Accordingly, products entirely generated by AI systems will be refused protection. However, products involving AI may still be considered for intellectual property rights if they meet the conditions specified by the Government , especially in cases where human participation is involved in the AI-generated creation process.

Another important aspect concerns the use of text and data for AI training. Clause 5 of Article 7 of the Law stipulates that organizations and individuals are permitted to use texts and data on intellectual property rights that have been legally published and are accessible to the public for the purpose of scientific research, testing, and training AI systems, provided that it does not unreasonably affect the legitimate rights and interests of the author or owner of the intellectual property rights. The Government will provide detailed regulations on this matter.

Members of Parliament prepare to vote. Photo: QUANG PHÚC

Regarding the scope of industrial design protection, the law expands the concept of "industrial design" to include non-physical products. Non-physical products are external forms expressed in terms of shape, lines, colors, or a combination of these elements, and are visible during the product's use. Industrial designs for non-physical products are considered to have industrial applicability if they can be used as a model to uniformly reproduce the non-physical product in cyberspace.

The law also added provisions regarding the responsibility of digital platform owners in implementing measures to protect intellectual property rights in cyberspace, in accordance with intellectual property law, e-commerce, cybersecurity, and other relevant legal regulations.

Measures for handling violations in cyberspace have also been clearly outlined, including requiring the removal, hiding, or disabling access to information, content, accounts, websites, applications, or internet address identifiers related to intellectual property infringement.

MR. PHUONG

Source: https://www.sggp.org.vn/mo-rong-bao-ho-ca-kieu-dang-cong-nghiep-phi-vat-ly-post827907.html