📋 Tender Overview
National Assembly delegates proposed many solutions to effectively exploit the value of intellectual property, ensure transparent pricing, prevent price inflation and adapt to changes brought by new technology. National Assembly delegates from group 1 discussed law projects. On the morning of November 5, continuing the working program of the 10th Session, the National Assembly discussed in groups 4 law projects: Law amending and supplementing a number of articles of the Law on Prevention and Combat of Corruption; Law amending and supplementing a number of articles of the Intellectual Property Law; Law on Enforcement of Civil Judgments (amended); Law on Judicial Expertise (amended). In particular, the draft Law amending and supplementing a number of articles of the Law on Intellectual Property (IP) received many comments from delegates, especially related to the pricing, commercialization and protection mechanism in the context of new technology. From rights protection to value exploitation of intellectual property Speaking at group 1 (Hanoi Delegation), delegate Nguyen Thi Lan expressed her agreement and highly appreciated the spirit The spirit of innovation, timeliness, and long-term vision of the draft law. She emphasized that this amendment is an important step forward, concretizing the Partys major policies in Resolutions 57, 66 and 68 on promoting science and technology, innovation, developing the private economy and perfecting legal institutions in the digital era. According to delegate Nguyen Thi Lan, the drafts outstanding new point is the transition from protecting rights to exploiting the value of intellectual property; considering intellectual property not only as a legal tool but also as an economic resource, a driving force for innovation and international integration. Giving specific comments, Ms. Lan said that the regulation on financialization of intellectual property rights is an important breakthrough and recommended clearly defining cases where self-valuation is allowed and cases where independent valuation is required. The delegate analyzed that if an invention or trademark is created with personal funds, the owner can self-price; But if using the State budget or funds from the national science and technology program, there needs to be an independent valuation organization and an inspection mechanism from a competent authority. At the same time, the female delegate suggested the need to soon promulgate criteria, processes and monitoring mechanisms for valuation, avoiding the situation of inflated prices or virtualization of intellectual property values. Delegate Nguyen Thi Lan also suggested the need to add a specific protection mechanism for plant varieties created by biotechnology and genetic transformation to promote innovation in the agricultural sector. Because currently, the draft law only stops at general regulations on granting protection certificates and does not specifically mention plant varieties created using genetically modified biotechnology (GMO). Responding to the reality of digital economic development and new technology, AI Also in group 1, delegate Bui Hoai Son (Hanoi Delegation) expressed his interest in IP issues in the cultural field, especially when digital technology, artificial intelligence (AI) and Metaverse are creating new forms of creativity. Mr. Son appreciated the fact that the draft expanded the definition of industrial design to cover non-physical forms such as digital design, digital images, dilemmas. Suggested further clarifying the scope of protection, especially for works created from AI with human participation. For IP to truly become an economic resource, Mr. Son proposed to open up the flow of investment capital into this field through mechanisms of valuation, mortgage, and transfer of intellectual property in credit transactions. At the same time, the draft needs to add regulations on the responsibilities of cross-border platforms and content created by AI, to protect creators in the digital environment. At group 11 (Can Tho Delegation, Dien Bien), delegate To Ai Vang (Can Tho Delegation) said that, regarding the States policy on intellectual property, although the draft Law has amendments and additions to new policies. However, the reality of developing the digital economy and new technology poses many challenges and requires additional policies. Specifically, the delegate suggested adding a policy on AI to determine who is the owner of works and inventions created entirely by AI and the legal status of AI in creative activities, and who is responsible when AI violates the intellectual property rights of others? Sharing the same opinion, at group 9 (Doan Hung Yen, Hai Phong), delegate Nguyen Thi Viet Nga said that the draft still has a legal gap. when the subject of intellectual property rights for products created by AI has not been identified. The delegate proposed adding the principle of only recognizing IP rights for products with decisive creative contributions from humans, and at the same time assigning the Government to detail the evaluation criteria. Delegate Nguyen Ngoc Son (Hai Phong Delegation) stated the current situation of banks not accepting IP as collateral due to lack of legal mechanism. Delegates said that encouraging regulations are not enough, but there needs to be a mechanism to clearly define and recognize intellectual property assets as a type of asset with the same legal value as other types of assets such as stocks or real estate. In the groups, opinions all agreed that this amendment to the IP Law is not only aimed at enhancing protection, butalso paves the way to exploit the value of intellectual property in a transparent and effective way, contributing to turning Vietnamese knowledge and creativity into resources for national economic development.Thu GiangSee moreSee more
