On November 24, continuing the working program of the 10th session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.
At the discussion session, many National Assembly delegates expressed their agreement with the need to amend the Law on Intellectual Property, a field that is moving very quickly in the world to meet the strong development of science and technology.
The National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Intellectual Property. Photo: Ho Long.
Additional rights for press agencies
Concerned about intellectual property rights in the field of journalism, delegate Hoang Minh Hieu ( Nghe An ) emphasized: related rights of press agencies are a content that has been included in the law by many countries to protect press agencies from competitive pressure from new forms of media, especially social networks.
The delegate said that this is a type of right to protect economic interests and control the reuse of press content by third parties. The addition is necessary because the current law only stipulates related rights for producers of sound and video recordings, broadcasters and performers; while the related rights of press agencies have not been mentioned.
The current law only protects the copyright of journalists, but does not regulate activities such as compiling, marking, indexing, excerpting or exploiting press data. Although these forms do not copy the entire work, they “benefit” from the investment of press agencies, making it difficult for the press to claim compensation under the copyright mechanism.
“Related rights will be the legal basis for requesting licenses, negotiating fees and restricting copying and excerpting; thereby protecting the investment of press agencies in improving the quality of news,” said Mr. Hoang Minh Hieu.
Delegate Hoang Minh Hieu (Nghe An). Photo: Ho Long.
According to delegates, this provision is also consistent with international legislative trends, meeting the policy goals set by the Government.
He proposed to immediately add to the draft Law on the rights of press agencies to allow or not allow third parties to copy, store, index, display excerpts, synthesize or exploit news to create competitive services. Businesses that profit from using press content on digital platforms must share revenue with press agencies, on the basis of negotiation.
However, the delegate also noted: this provision does not apply to non-commercial quotations for research, education, or pure linking without significant excerpts and without affecting commercial exploitation of the press.
Regarding the protection period, delegates proposed to refer to international experience: related rights of press agencies are usually protected for 2 years from the time the work is first published; after that, the content is exploited according to general regulations.
It is necessary to unify the intellectual property management mechanism from the science and technology tasks.
Appreciating the draft Law for adding many important contents in Articles 7, 8, 8A, 19, 164, 195 and 198B, delegate Nguyen Thi Suu (Thua Thien Hue) said that the regulations aim to create a flexible mechanism for the State in exploiting intellectual property to serve national defense, security, people's lives and social interests.
However, according to Ms. Suu, regulations on intellectual property objects formed from science and technology tasks using the state budget are still fragmented, lacking in system, and do not clearly demonstrate the mechanism of decentralization between the task management organization and creative individuals.
Delegate Nguyen Thi Suu (Thua Thien Hue). Photo: Ho Long.
She cited: for many years, disputes between the host organization and the individual creating the plant variety have been common. Unclear regulations make the host organization hesitant to commercialize for fear of disputes arising; scientists are not encouraged because they are not sure of their benefits; the State finds it difficult to evaluate the effectiveness of public investment.
Delegates proposed adding an independent article, Article 8B on intellectual property rights from science and technology tasks using the state budget, to centralize regulations and clarify three pillars: ownership, exploitation rights and benefit sharing mechanism. This will be the basis for the Government to issue a unified guiding decree.
She also said that Clause 3, Article 7 of the draft only states the State's limited rights for the purposes of national defense, security and social interests, but does not clearly show the rights of the organization assigned to manage the tasks of registration for protection, permission for use, granting exploitation rights or handling disputes.
“Without supplementation, the host organization will not be able to register for protection or commercialize intellectual property due to concerns about legal risks,” she emphasized.
The delegate proposed to add to Clause 3, Article 7, the provision that the organization assigned to manage the task has the right to register for protection, transfer the right to use and assign the right to exploit according to the provisions of law. This, according to her, helps to clarify the law and avoid misunderstandings that individual authors have the right to register independently.
Source: https://nongnghiepmoitruong.vn/quoc-hoi-de-nghi-nghien-cuu-bo-sung-quyen-lien-quan-cho-co-quan-bao-chi-d786263.html
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