Amending the Law on Intellectual Property: It is necessary to stipulate that the Government should issue a framework for valuing intellectual property in the cultural field and a mechanism so that copyrights of music, films, designs, and games can be used as collateral.

National Assembly Delegate Bui Hoai Son said that amending the Intellectual Property Law is not just a technical legal amendment, but also creating a digital cultural shield, protecting creators, and affirming Vietnam's cultural sovereignty in global cyberspace.

At the 10th session of the 15th National Assembly, contributing comments to the draft Law amending and supplementing a number of articles of the Law on Intellectual Property, delegate Bui Hoai Son - National Assembly Delegation of Hanoi City said that the Law on Intellectual Property was amended and supplemented at a time when culture no longer exists only on stage or in books, but is spreading strongly on digital platforms, digitized by data, and even recreated by artificial intelligence. Every piece of information, every melody, every image can now travel around the world in just a few seconds - and can also be stolen, distorted or illegally exploited commercially in a few seconds.

Therefore, this draft Law on Intellectual Property is not just a technical legal amendment, but also creates a digital cultural shield, protects creators, and affirms Vietnamese cultural sovereignty in global cyberspace.

National Assembly Delegate Bui Hoai Son - National Assembly Delegation of Hanoi City

The delegate said that in the draft, amending Clause 13, Article 4 to extend industrial design protection to "non-physical products" is the right direction. However, in the digital environment, non-physical products are not only 3D models and designs, but also include digital images, digital voices, performance styles, avatars and digital identities of artists. The delegate suggested adding an explanation to this clause to ensure that the voice, image of the artist, or creative style is not copied, deepfaked and used without permission by AI.

In Clause 2, Article 7, the draft stipulates that the implementation of intellectual property rights must not hinder the use of the National Flag, National Emblem, and National Anthem. This provision is very important after the recent incident of the Vietnamese National Anthem being blocked on digital platforms. However, according to the delegate, it is necessary to add: "including the online environment and digital platforms", and at the same time clarify the responsibilities not only of individuals and organizations but also of digital service providing platforms. This is to protect the sacred symbol of the nation in the era of algorithM and AI content management.

Regarding intellectual property appraisal, the draft amendment to Article 201 stipulates the expansion of appraisal subjects. In an era where content is plagiarized, adapted, and recreated by AI very quickly, appraisal must be based on technological capacity. Therefore, delegates proposed to add to this article the requirement for digital appraisal capacity: content recognition tools, AI analysis, data tracking, and determining the origin of works. Otherwise, the law allows appraisal, but in practice, it cannot handle digital copyright disputes.

In the regulation on the cancellation of subsequent rights if the previous rights are violated (Supplementary Article 7), the draft has put the Court in the role of decisive arbitrator. However, the nature of cyberspace is speed, if the processing is slow, the original work will lose market share and revenue. Therefore, the delegate proposed to add an emergency resolution mechanism for digital content disputes, and encourage the application of origin labeling technology (content-ID, watermark, blockchain authentication).

According to delegate Bui Hoai Son, the draft has a positive spirit in Article 8a on finance based on intellectual property. This is the key to developing the cultural industry. But to be feasible, the delegate believes that it is necessary to stipulate that the Government issue a framework for pricing intellectual property in the cultural field and a mechanism for copyrights of music, films, designs, and games to be used as collateral. At that time, Vietnamese artists will not only create with emotions, but also be able to raise capital with intelligence, making culture a real economic sector.

"The most important point I propose to add is the principle of responsibility of AI platforms and cross-border digital platforms. The draft is not clear yet. I propose to add a clause, according to which the platform must: (1) quickly remove infringing content; (2) prevent re-posting; (3) be transparent about data used to train AI; (4) not commercialize AI-generated content if it is based on unlicensed works. This is not just a legal technique but also to protect the foundation of Vietnamese culture, protect Vietnamese artists and the trust of the young creative generation," the delegate suggested.

Delegate Bui Hoai Son emphasized that we cannot let Vietnamese artists become free data providers for foreign AI; we cannot let cultural values ​​be sucked away like raw resources; and we cannot let the law follow technology. The revised Intellectual Property Law must be a guiding law, opening new creative spaces, nurturing talent, promoting the creative economy and protecting Vietnamese values ​​in the digital flow.

Source: https://bvhttdl.gov.vn/sua-luat-so-huu-tri-tue-can-quy-dinh-giao-chinh-phu-ban-hanh-khung-dinh-gia-tai-san-tri-tue-trong-linh-vuc-van-hoa-va-co-che-de-ban-quyen-am-nhac-phim-thiet-ke-game-co-the-lam-tai-san-the-chap-20251107143223599.htm