{"id":10009,"date":"2023-12-08T09:49:49","date_gmt":"2023-12-08T02:49:49","guid":{"rendered":"https:\/\/lawfirmelite.com\/vi\/?p=10009"},"modified":"2023-12-12T12:17:34","modified_gmt":"2023-12-12T05:17:34","slug":"whether-we-need-legal-frameworks-to-protect-patents-created-by-ai","status":"publish","type":"post","link":"https:\/\/lawfirmelite.com\/vi\/en\/whether-we-need-legal-frameworks-to-protect-patents-created-by-ai\/","title":{"rendered":"Whether we need legal frameworks to protect patents created by AI?"},"content":{"rendered":"

By Elite Law Firm<\/strong><\/span><\/p>\n

With the advancement of science and technology, artificial intelligence (AI) is being widely applied in various aspects of daily life and business activities. Many innovations wholly or partially made by AI have very high aesthetic, artistic, and commercial value, even some products made by AI are competing directly with human intelligence and surpassing human intelligence in some aspects, such as the ability to synthesize big data information or a huge amount of knowledge of human race.<\/span><\/p>\n

With the advancement of science and technology, artificial intelligence (AI) is being widely applied in various aspects of daily life and business activities. Many innovations wholly or partially made by AI have very high aesthetic, artistic, and commercial value, even some products made by AI are competing directly with human intelligence and surpassing human intelligence in some aspects, such as the ability to synthesize big data information or a huge amount of knowledge of human race.<\/span><\/p>\n

However, in Vietnam, there are currently no specific legal regulations regarding the protection of patents, copyright works, or intellectual property rights created by AI. This lack of legal framework may lead to the risk of disputes without establishing resolution mechanisms, creating a void in management and incentives for breakthrough innovations in various fields. Simultaneously, this reality presents numerous challenges in refining the legal framework for AI, including the issue of protecting intellectual property rights for AI and innovations created by AI. In light of this matter, we talked with Patent Attorney Nguyen Tran Tuyen, the Director of Elite Law Firm.<\/span><\/p>\n

Hello, Attorney Nguyen Tran Tuyen!<\/span><\/p>\n

Reporter: Based on your research practices, how do you assess the current legal framework protecting artificial intelligence (AI) and products created by AI in Vietnam, Sir?<\/strong><\/span><\/p>\n

Currently, almost all Vietnamese patent regulations revolve around protecting technical solutions in the form of products or processes (methods) created by natural humans to solve a technical problem by applying natural rules and laws, not those generated or invented by machines or software. The existing Intellectual Property Law of Vietnam (IP Law) does not have any provisions to protect inventions or works created by AI. Specifically, for works such as music, fine arts, software, computer applications, the creation of an object, a box, or even the design of a car or any new industrial design, the IP law does not have protection provisions and does not protect the author as AI but only protects the author as a natural individual or a specific legal entity who is the owner of that AI.<\/span><\/p>\n

Reporter: So, if there is no legal protection, what legal risks might the creators and owners of inventions, especially those generated by AI, face, according to the Attorney?<\/strong><\/span><\/p>\n

When inventions created by AI are not regulated and protected by the law, it means they exist outside the legal framework, and we cannot manage or govern them. The consequence is that when exploiting assets arising from artificial intelligence without legal recognition, these assets are not protected by rights. The owner of such inventions cannot fight against infringers, unauthorized exploitation, and illegal use of such inventions.<\/span><\/p>\n

Furthermore, the invention owners cannot commercialize these inventions to exploit and recover investment for research, development, and deployment, leading to a lack of economic motivation for further research, improvement, technological upgrades, and the creation of new products. This results in a loss of economic incentives for innovation. Research, development, application, and exploitation of inventions will be chaotic, uncontrolled, and unmanageable due to the absence of specific legal regulations, causing social disruption and business operations.<\/span><\/p>\n

Moreover, AI can have significant consequences on the normal functioning of the economy, such as generating hackers and hindering the development of science and technology. The absence of specific legal regulations on AI and AI creations is also a challenge, requiring the establishment of legal provisions and mechanisms for management and development.<\/span><\/p>\n

Reporter: So, in your view, should we recognize and protect AI creations, sir?<\/strong><\/span><\/p>\n

I support the protection of products created by artificial intelligence as well as the strict protection of AI inventions as soon as possible based on the following reasons:<\/span><\/p>\n