📋 Tender Overview
Intellectual property must turn research results into assets that can be traded; must become an asset of the business, can be valued, bought and sold, accounted for in financial statements and used as security for loans and capital contributions, especially for new technology assets, digital technology, and AI. Results of voting to approve the Law amending and supplementing a number of articles of the Intellectual Property Law - Photo: VGP/TG On the afternoon of December 10, continuing the program of the 10th Session, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Intellectual Property Law, with 432/438 delegates voting in favor. After receiving and explaining, the draft Law was revised in the direction of amending and supplementing 71 articles and abolishing them. remove 8 articles, ensuring the institutionalization of the Partys new guidelines and policies; Meet the requirements and goals set for amending and supplementing the Intellectual Property Law. Moving from rights protection to assetification and commercialization of intellectual property. According to Minister of Science and Technology Nguyen Manh Hung, the main idea of this amendment to the Intellectual Property Law is: Intellectual property must turn research results into assets that can be traded; must become an asset of the business, can be valued, bought and sold, accounted for in financial statements and used as collateral for loans and capital contributions, especially for new technology assets, digital technology, AI. This is an important shift from thinking mainly about protecting rights to assetizing, commercializing and marketizing intellectual property, in sync with laws on science, technology, innovation, digital technology, digital transformation and artificial intelligence. Regarding the recognition and management of intellectual assets in enterprises, the draft Law stipulates the direction of building framework provisions on recognition and management of intellectual assets in enterprises, assigning the Government to make detailed regulations on accounting, disclosure, and valuation standards. For assets that do not meet the conditions for recognition on the balance sheet, the Law stipulates that they will be tracked in separate books on intellectual property and can be self-assessed but only have internal value. This approach aims to promote businesses to proactively inventory and fully manage their intellectual assets. Regarding administrative procedure reform, the Law stipulates comprehensive digital transformation in registration and appraisal of industrial property rights, including inventions. The time for patent content appraisal was shortened from 18 months to 12 months and a 3-month rapid appraisal mechanism was added, demonstrating a strong reform step. Regarding products created by AI, the Law affirms that AI is not the holder of intellectual property rights. In case a product is automatically created by AI, without human participation, it will not be protected by copyright or invention like works created by humans. In case people use AI as a tool to create products and make significant creative contributions (ideas, direction, selection, editing of AI results...), they can be recognized as authors or inventors. If the level of human contribution is low, using AI only as a colleague - for example, only giving requests and contexts - is not considered the author, but still has the right to use and exploit commercially. This approach is basically consistent with the general trend of many countries around the world. Regarding the use of information to train AI, the Law stipulates that information that has been legally published, publicly available, and allowed to be accessed by the public can be used for AI training purposes. (as input data), provided that the output results of AI do not violate copyright or intellectual property rights. Expanding objects of protection, strengthening enforcement of intellectual property rights Regarding expanding objects of protection, the Law adds the ability to protect industrial designs for non-physical products, in order to adapt to new technology trends, especially digital technology; At the same time, the Government assigns detailed regulations on protection conditions for this type of product. Regarding raising awareness and strengthening enforcement, the Law emphasizes the need to raise social and business awareness of intellectual property as a fundamental solution. Intellectual property will be included in high school and university education; At the same time, strengthen communication for businesses and the community. A key content of the Law is to increase support for the creation and commercial exploitation of intellectual property rights. In the context of intellectual property (such as inventions, software, data, designs, trademarks, etc.) increasingly accounting for a large proportion of corporate value, setting the goal of turning intellectual property into assets that can be valued, bought, sold, and mortgaged shows new thinking: intellectual property is not only protected on paper, but must be put into real circulation, contributing to economic growth and national development, especially in the era of digital transformation and AI. The law also focuses on dismantling it. Removing one of the major bottlenecks is that intellectual property registration procedures are complicated and processing time is long. New regulations aim to cut unnecessary procedures; Review and standardize documents to make it easier for applicants to use and limit errors; Build an online reception and processing mechanism, moving towards digitizing the entire registration process. TogetherAccordingly, the Law amending and supplementing a number of articles of the Intellectual Property Law has legislated new issues brought about by technology such as AI, big data, blockchain, digital assets..., allowing organizations and indiv
