Significant intellectual property (IP) reforms are underway in Vietnam as the National Assembly continues to debate amendments to the IP Law addressing the fast-evolving intersection of AI, data, and copyright. These proposed changes could have meaningful implications for creators, technology companies, and businesses that rely on AI-driven innovation.

Some key takeaways from the recent working sessions of the National Assembly include:

1. New boundaries for AI training and copyright

Discussions indicate that the future legal framework may permit the use of lawfully published data for AI training, but with clear limitations to safeguard the legitimate interests of authors and rights holders. Companies developing or deploying AI should anticipate more detailed — and potentially stricter — rules on data sourcing and usage.

2. AI-generated works may not receive automatic protection

Works created entirely by AI, without meaningful human creative input, are unlikely to be eligible for copyright protection under the proposed direction. Businesses producing AI-assisted content should ensure that identifiable human contributions are incorporated into their creative workflows.

3. Stronger digital IP enforcement on the horizon

Lawmakers have called for more robust enforcement mechanisms and stricter penalties for online infringement, alongside consideration of specialized IP courts. This signals a shift toward a more stringent regulatory environment for digital platforms and content-heavy businesses.

4. Enhanced rights for press and media organizations

Proposed adjustments to neighboring rights would give press organizations greater control over how their content is reused on digital and social platforms. Companies that aggregate, summarize, or repurpose media content may face new licensing, attribution, or compliance requirements.

5. IP increasingly viewed as a commercial asset

The policy direction highlights an emphasis on transforming IP into a financial asset that can be valued, traded, or leveraged. This presents new opportunities for businesses — particularly in technology and AI-driven sectors — to capitalize on the economic potential of their IP portfolios.

These proposed amendments represent a significant evolution of Vietnam's IP landscape, moving from a primarily protective framework toward one that supports commercialization, innovation, and technology-driven value creation. While the legislative text is still under discussion, the overall direction is clear: Vietnam aims to encourage the development and application of AI, while ensuring that such progress does not undermine the rights of creators.

At the same time, important uncertainties remain, especially around definitions and implementation. Key concepts such as "lawfully published data" and "significant creative contribution" are still being debated. Stakeholders should closely monitor ongoing legislative developments and prepare for evolving compliance requirements once the implementing regulations are issued.

Source:
https://quochoi.vn/tintuc/Pages/tin-hoat-dong-cua-quoc-hoi.aspx?ItemID=97117 (Vietnamese)
https://vietnamnet.vn/coi-xam-pham-quyen-so-huu-tri-tue-nhu-an-cap-trong-the-gioi-thuc-2465792.html?utm_source=chatgpt.com (Vietnamese)
https://cand.com.vn/su-kien-binh-luan-thoi-su/de-xuat-co-quan-bao-chi-co-quyen-ngan-chan-viec-sao-chep-noi-dung-tren-nen-tang-so-mang-xa-hoi-i789052/?utm_source=chatgpt.com (Vietnamese)
https://nld.com.vn/mang-xa-hoi-thu-loi-tu-tong-hop-noi-dung-cua-bao-chi-dai-bieu-quoc-hoi-de-xuat-gi-19625112409563414.htm?utm_source=chatgpt.com (Vietnamese)
https://tuoitre.vn/tranh-luan-cong-nhan-san-pham-tri-tue-nhan-tao-ai-dai-bieu-de-nghi-than-trong-tranh-sao-chep-20251124102858176.htm?utm_source=chatgpt.com (Vietnamese)
https://vir.com.vn/vietnam-amends-law-on-intellectual-property-137386.html?utm_source=chatgpt.com (English)