NGUYỄN NGỌC ANH TIÊN, NGUYỄN XUÂN TIẾN, LÊ NGỌC THIỆN, VÕ VĂN TRÌNH

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Abstract

In the age of artificial intelligence, traditional knowledge faces not only the risk of appropriation through conventional intellectual property rights but also unauthorized exploitation as training data for generative AI models without prior consent or benefit-sharing. This article analyzes Vietnam’s legal framework and draws comparisons with international approaches, including Indigenous data sovereignty in New Zealand, digital databases in China, data transparency requirements under the EU Artificial Intelligence Act, and the 2024 WIPO Treaty. Based on this analysis, the authors propose establishing a national traditional knowledge database, codifying AI transparency obligations, and implementing benefit-sharing mechanisms to transform traditional knowledge into a sustainable economic resource.

Keywords: Access and benefit-sharing, artificial intelligence, data sovereignty, sustainable development, traditional knowledge.