AI is not an intellectual property subject

PHẠM ĐÔNG |

Products automatically created by AI without human participation are not protected by copyright or copyright like human works.

On November 24, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Intellectual Property (SHTT).

Speaking to explain the opinions of National Assembly deputies, Minister of Science and Technology Nguyen Manh Hung said that currently the most important shift of SHTT is the shift from rights protection to the property, commercialization and marketization of research results.

A developed country is a country in which intangible assets and intellectual property (IPs) account for 80% of total national assets, the Minister emphasized.

For Vietnam, it is time for Vietnam to prioritize the development and protection of TSTT to develop into a high-income country, so the amendments are basically around this innovation.

Regarding the task of reforming administrative procedures, the draft law requires comprehensive digital transformation to reduce the time for appraisal of patenting content from 18 months to 12 months and have a quick appraisal mechanism for 3 months, ensuring that there are no registration dossiers left.

"In recent years, we have had over 100,000 records and in 2025, the Ministry of Science and Technology has had to focus and concentrate efforts to complete the processing of these records," said the Minister.

Phien hop ngay 24.11 cua Quoc hoi. Anh: Pham Dong
The National Assembly session on November 24. Photo: Pham Dong

Regarding SHTT rights for products created by artificial intelligence (AI) in part and in full that are of interest to many delegates, the Minister emphasized: AI is not the subject of SHTT rights. Products created by AI automatically, without human participation, are not protected by copyright or copyright like human works.

According to Minister Nguyen Manh Hung, products used by humans using AI as a tool for creation, such as painting pens, cameras, and humans with significant creative contributions such as ideas, direction, selection, and editing of AI results can be recognized as authors and inventors.

However, when creating other content, it is necessary to ensure that it does not infringe on the rights of others to SHTT. AI without access to data will not have AI. AI is artificial intelligence. The way we behave towards human intelligence should behave towards AI.

Regarding the expansion of SHTT protection subjects and industrial designs for non-physical products to suit new technology trends, especially digital technology and AI, the law will assign the Government to specify in detail the protection conditions for this type of product.

Regarding raising awareness and enhancing implementation, it is necessary to raise social awareness and businesses about SHTT, which is the original handling. Without correct awareness, there will be no protection registration, no exploitation, and no respect for the rights of others. Only with awareness will there be demand and pressure to reform SHTT activities.

We must include SHTT in general education, university, and strong communication for businesses and the community. Complete the specialized court on SHTT, add deterrent penalties.

"It is necessary to consider violating the right to SHTT as well as stealing in the real world, and must be strictly handled. Sending implementation to the digital environment is also a breakthrough solution, Minister Nguyen Manh Hung stated.

PHẠM ĐÔNG
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