The seminar was jointly organized by the Ho Chi Minh City Intellectual Property Association and Phan Law Vietnam Law Office, attracting more than 120 speakers and experts to attend, taking place on the afternoon of December 5 in Ho Chi Minh City.
Ms. Nguyen Minh Huong - Vice President of the Intellectual Property Association (IPA) of Ho Chi Minh City emphasized that the sovereign community in the creative industry in Vietnam needs a forum to express its concerns, in the context that the 15th National Assembly of the 10th tenure is considering including "external practice of exploiting text and data" (commonly known as the "TTM practice") in the Law amending the Law on Intellectual Property.
This exception would broadly allow technology companies to use copyright holders in the development of AI systems without having to ask for permission or pay the copyright owner.
Lawyer Phan Vu Tuan - Vice Chairman of the Ho Chi Minh City SHTT Association, Head of Phan Law Vietnam Law Office, said that considering adding an exception to the exploitation of text and data (TDM) into Vietnam's intellectual property law is a requirement in the context of the current strong development of artificial intelligence technology.
However, this exception needs to be built on the basis of the principle of balancing benefits - the core principle of the intellectual property protection system according to the basic principles of the Berne Convention and the TRIPs Agreement.
Accordingly, any exceptional mechanism must ensure harmony between the legitimate rights and interests of the rightful subjects, the interests of the community in accessing knowledge, and the need to create a favorable legal environment for the development of new technologies. Only by maintaining this balance can the TDM exception promote efficiency, supporting the development of AI without reducing the stability and protection of intellectual property rights.
Mr. Tao Minh Hung (IFPI Representative in Vietnam) said that in the world, there are many responsible AI development companies that have established cooperative relationships or applied for licenses from record labels. Such beneficial bilateral transactions are creating an Al licensing market where AI developers can access copyrighted resources, while rights holders are rewarded worthy of their creative efforts.
He also stressed that if a TDM exception is created, such efforts to build an AI licensing market will become meaningless, and the rights will be taken away from a market where they can exploit their work commercially.
Mr. Nguyen Trinh Hoan (Vice President of the Vietnam Cinema Promotion and Development Association) sent his comments to the organizing committee, saying that all policies related to the use of copyrighted works for AI development purposes need to be comprehensively evaluated to ensure that the legitimate rights and interests of rights subjects are not degraded.
Ms. Le Vu Van Anh (Lecturer in SHTT Law at Durham University, UK) and Mr. Nguyen Luong Sy (Lecturer in SHTT Law at Hue University of Law) shared that the world's leading countries in AI such as China or the US are completely no exception to TDM.
Both lecturers emphasized that a new copyright licensing market for AI development is the best solution to balance the benefits between AI developers and regulators.
At the end of the discussion, all speakers and delegates agreed that the Ho Chi Minh City Sports Association will submit to the National Assembly a Proposal for the National Assembly to consider not regulating the TDM exception as a general principle stipulated in Article 7.5 but should design it into an exception for the right stipulated in Article 25b with conditions to ensure the principle of balance of interests.
