Vietnamese Lawmakers Urge Clearer Rules on Digital Platforms’ Role in Intellectual Property Protection

At the first extraordinary session of Vietnam's 16th National Assembly on August 9, delegates engaged in a plenary discussion concerning the draft Law amending and supplementing several articles of the Publishing Law. The session included a detailed explanation from the Minister of Culture, Sports and Tourism regarding issues raised by the National Assembly members.

Representative Nguyen Thi Mai Phuong of the Gia Lai Provincial National Assembly Delegation expressed support for the necessity of amending the Publishing Law as outlined by the Government. However, she and other delegates raised concerns that certain provisions, particularly those addressing the responsibilities of businesses providing intermediary services in the digital environment, were not fully reflected or clarified in the draft legislation.

Specifically, the draft Law’s point h, clause 2, Article 10, prohibits "Failing to prevent or remove publications containing content that violates the law or infringes on intellectual property rights on platforms and applications managed and operated by oneself." Delegates cautioned that this wording might be interpreted as imposing absolute responsibility on intermediary service providers to prevent and remove all infringing content, with penalties for non-compliance.

Given the publishing industry's growing digital shift, Representative Mai Phuong emphasized the importance of clearly defining intermediary service providers’ responsibilities. She stressed that such definitions must align with Vietnam’s international intellectual property commitments, including those under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the EU-Vietnam Free Trade Agreement (EVFTA), the Regional Comprehensive Economic Partnership (RCEP), and World Intellectual Property Organization (WIPO) treaties.

These international agreements require member states to establish effective enforcement mechanisms for intellectual property rights in digital environments but do not impose absolute liability on intermediaries for all user-uploaded or transmitted content. Instead, they advocate for liability exemptions under certain conditions.

Vietnam’s Intellectual Property Law incorporates this approach in Article 198b, which allows intermediary enterprises to be exempt from liability when performing functions such as transmission, storage, or provision of technical services, provided they meet legal conditions. These enterprises must also act upon discovering or receiving legitimate requests to address intellectual property infringements.

Representative Mai Phuong noted that this balanced model is adopted by jurisdictions including the European Union, the United States, Japan, and South Korea. It safeguards intellectual property rights while avoiding undue burdens on digital platforms, thus fostering innovation and digital economic growth.

Accordingly, she recommended that the drafting agency revise point h, clause 2, Article 10 of the draft Publishing Law to harmonize it with Vietnam’s international obligations and the Intellectual Property Law. This revision would help balance copyright protection, publishing industry development, and innovation promotion in the digital economy.

Additionally, delegates addressed Article 21 of the draft law concerning "Copyright in the field of publishing." Although not slated for amendment in this session, Representative Mai Phuong pointed out that its current provisions conflict with the Intellectual Property Law and international commitments.

International treaties and Vietnam’s Intellectual Property Law include exceptions and limitations to copyright that do not require permission or royalty payments, as detailed in Articles 25, 25a, and 26 of the Intellectual Property Law. However, the draft law’s provisions could be interpreted as mandating written consent from authors or copyright owners in all cases, narrowing these exceptions.

Delegates urged the drafting agency to revise Article 21 to ensure consistency with the Intellectual Property Law and international commitments. Such alignment would maintain a balance between creators’ rights and societal interests, safeguarding human rights and public access to knowledge, science, and culture.

Minister Lam Thi Phuong Thanh, representing the Ministry of Culture, Sports and Tourism and the drafting agency, expressed gratitude to the National Assembly delegates for their thoughtful and responsible contributions to the draft law.

The ongoing legislative process reflects Vietnam’s commitment to refining its legal framework to address the complexities of intellectual property protection in the digital age, ensuring compliance with international standards while supporting the growth of its digital economy.