Cultural industries development and intellectual property laws under review

According to the Government’s submission, the draft Law on Cultural Industries Development covers the development of ecosystems for cultural industries; support for creativity and the establishment and valuation of intellectual property rights; human resources; infrastructure; markets; finance; and investment incentives and support.

Minister of Culture, Sports and Tourism Lam Thi Phuong Thanh, ed by the Prime Minister, presents the proposal for the draft Law on the Development of Cultural Industries. (Photo: VNA)
Minister of Culture, Sports and Tourism Lam Thi Phuong Thanh, ed by the Prime Minister, presents the proposal for the draft Law on the Development of Cultural Industries. (Photo: VNA)

Hanoi (VNA) – The National Assembly (NA) heard proposals and verification reports on the draft Law on Cultural Industries Development and a draft law amending and supplementing several articles of the Law on Intellectual Property on the morning of October 24, as part of its second session of the 16th legislature.

According to the Government’s submission, the draft Law on Cultural Industries Development covers the development of ecosystems for cultural industries; support for creativity and the establishment and valuation of intellectual property rights; human resources; infrastructure; markets; finance; and investment incentives and support. It also defines the rights, obligations and responsibilities of relevant agencies, organisations and individuals.

The draft consists of eight chapters and 39 articles, focusing on six key areas to promote the development of cultural industries. These include ecosystem development and controlled trials in cultural industries, support for creativity and intellectual property rights, human resources, infrastructure, markets, and financial and investment support.

To address weaknesses in value-chain connectivity and access to international markets, promote national brands, boost consumption and exports, and remove barriers to controlled trials, the draft proposes specific mechanisms for developing cultural industry ecosystems and conducting controlled trials in the sector.

Presenting the verification report, Chairman of the NA’s Committee for Cultural and Social Affairs Nguyen Dac Vinh agreed on the need for the law, citing political and legal grounds as well as practical requirements. He said it would help institutionalise the Party’s policies and guidelines on cultural industries, establish a comprehensive legal framework, promote economic growth and innovation, and strengthen the country’s soft power.

Some lawmakers called for further revisions to ensure that the law focuses on specific and breakthrough policies to mobilise resources for cultural industries. They stressed the need to balance incentives for creativity and investment attraction with the protection and promotion of traditional cultural values, while safeguarding political and ideological security and national cultural sovereignty.

Regarding creative software and digital platforms supporting intellectual property rights in cultural industries, some opinions called for clarification of their necessity, models and functions. They suggested avoiding duplication with platforms already serving intellectual property administration under existing legislation, or integrating the proposed functions into existing systems to ensure legal consistency and prevent waste of resources.

Centralising intellectual property administration

The NA also heard the Government’s submission and a verification report on the draft law amending and supplementing several articles of the Law on Intellectual Property.

The draft retains the scope of the current law, which covers copyright and related rights, industrial property rights, rights to plant varieties, and the protection of these rights.

New provisions would allow parties transferring and receiving industrial property rights to request changes to information about the holder of a protection title or the list of goods and services specified in a trademark registration certificate following a transfer. Similar provisions would allow recipients of transferred rights to plant varieties to request changes to the holder’s information through amendment procedures.

Presenting the verification report, Chairman of the NA’s Committee for Legal and Judicial Affairs Phan Chi Hieu said the committee and relevant NA agencies support the need for the amendments and their proposed scope. The draft's content aligns with the Party’s guidelines, constitutional and legal requirements, and the broader legal system.

The committee supported transferring state management of rights to plant varieties from the Ministry of Agriculture and Environment to the Ministry of Science and Technology to streamline administration and improve efficiency.

Regarding the proposed removal of conditions for organisations and individuals conducting intellectual property assessments, the committee asked the Government to continue monitoring and evaluating implementation and introduce appropriate measures to maintain effective oversight and improve assessment quality./.

VNA

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