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Singapore - September 30th , 2014
NGUYEN, ANH TUAN
Creative Activities Development and Management Division
National Office of Intellectual Property of Viet Nam (NOIP)
Table of Content
I. Current polices regarding Intellectual Property
II. Current polices regarding development of IP assets and innovation
III. Statistics
The legal system in Vietnam
Constitution of the Socialist Republic of Vietnam 2013 Article 62
Development of science and technology not only is the first
national policy but also plays a key role in the development of the economy and society
State investment prioritizes and encourages organizations and individuals in research, development, transfer and application of achievements in science and technology; guarantees the right of research in science and technology and protects intellectual property right
The legal system in Vietnam Intellectual Property Law was issued in 2005 and amended,
supplemented in 2009
Decree No.100/2006/ND-CP details and guides the implementation
of a number of provisions in the IP Law on Copyright and Related
Rights
Decree No.103/2006/ND-CP details and guides the implementation
of a number of provisions in the IP Law on Industrial Property (as
amended in accordance with Decree No.119/2010/ND-CP)
Decree No.104/2006/ND-CP details and guides a number of
provisions in the IP Law on Plant Varieties
The legal system in Vietnam
Decree No.105/2006/ND-CP details and guides the implementation
of a number of provisions in the IP Law on protection of IP rights
and on state management of IP (as amended in accordance with
Decree No.122/2010/ND-CP)
Decree No.106/2006/ND-CP details administrative penalties for IP
(as currently replaced by Decree 97/2010/ND-CP)
Circular No.01/2007/TT-BKHCN guides the implementation of
Decree 103 (as amended in accordance with Decree 05/2013/TT-
BKHCN)
Etc.
7
Apparatus of the state IP
Ministry of Culture,
Sport and Tourism
Copyright Office of Vietnam
Manage activities relating to
copyright and related rights
Ministry of Science
and Technology
National Office of Intellectual
Property of Vietnam
(IP focal point)
Manage activities relating to
industrial property
Ministry of Agricultural
and Rural Development
New Plant Variety Protection Office
Manage activities relating to plant
variety
Other Ministries
Cooperate with the three ministries above and
provincial people’s committees in the intellectual
property management
Provincial People’s Committees
Manage intellectual property activities in local areas
The Department of
Science and Technology
The Department of Agricultural
and Rural Development
Government
The Department of Culture,
Sport and Tourism
IP law system of Viet Nam has been built and
issued fully to meet an increasing demand of
society. This system is being recognized in
compliance with international standards set
out by the WTO/TRIPS Agreement
NOIP continues well maintaining
and developing fine and effective
cooperation ties with traditional
partners such as WIPO, WTO, EPO,
USPTO, JPO, SIPO, KIPO, DIP,
DKPTO, etc.
National office of Intellectual Property
of Viet Nam
2/3/2012: The government issued an initiative charter accompanied
by Decree No.13/2012/ND-CP regulating conditions and procedure
of recognition for initiative; rights and duties of author, investor,
people participating initiative application; measures for management
and enhancement of initiative activities;
1/8/2013: Circular No.01/2007/TT-BKHCN was issued aiming to
guide in details the implementation of the initiative charter which
has been stipulated in Decree 103
Initiative charter
Article 5: Request for initiative recognition
Request right: author of initiative
Recognition organization:
Department which is the investor of initiative
Department which the author transfers initiative (if the investor
of initiative refuses to recognize and does not have any other
agreement with the author)
Department which the author transfer initiative according to
agreement between parties (the author and the investor)
Article 9.2: Author’s rights
Be recognized as author’s initiative in initiative certificate and
announced the author’s name when the initiative was introduced
Be received remuneration, awards and other encouragement
Initiative charter
Initiative charter Article 10.2 & 10.3: Rule of remuneration for author (in case of the
absence of agreement between parties)
Investor is an economic organization or department which has income and
independent accounting
In the first three years, the investor has to pay the author an amount
which is at least 7% of the investor’s income generating from the
initiative or 5 time minimum wages following the government’s rules
if the investor’s income from the initiative cannot be calculated
In the first three years, the investor has to pay the author an amount
which is at least 15% of transfer price
Investor is not an economic organization or department which has income
and independent accounting
The investor has to pay author an amount which is at least 5 time
minimum wages following the government’s rules
The program was approved by the prime minister in Decision No.2204/QD-TTg
dated 6th December 2010 with two goals:
+ Increase awareness of individuals, organizations about establishment,
management and development of IP assets
+ Strengthen competitive ability of Vietnamese products and services, especially
giving priority to these products which are high potential to export
Main support activities relating to Patent:
+ Drafting patent specification and preparing
patent registration documents for Vietnamese
+ Searching patent information with an aim of
avoiding duplicated research and estimating
protective ability
+ Applying Vietnamese granted patent into practice
+ Exploiting patent information for research,
production, business
National program for supporting
development of IP assets (68 Program)
Source: Vietnam NOIP‘s annual report 2013
Source: Vietnam NOIP‘s annual report 2013
Source: Vietnam NOIP‘s annual report 2013
Source: Vietnam NOIP‘s annual report 2013
Supporting for implementation IP exchange projects at Hanoi
university of technology and establish IP organization within some
universities, institutes such as HungVuong university, CanTho
university, VietNam academy of science and technology, etc
Supporting for patent registration of 20 solutions from the
universities and institutes
Supporting for the application of granted patent in practice: 08
ongoing project
Some results of 68 program
Some results of 68 program
Supporting for implementation of game show “Viet creation” on
Vietnam television
Supporting for implementation “IP and life” program on localities
television in 50 provinces
Supporting for management and development of collective mark,
certificate mark, geographical indication using for hundreds of
specialty of different regions
Until 2013, there are 212 projects which have been implemented
under the program with up to VND 128 billion of corresponding
capital from localities and enterprises allocated to them
Difficulties
- The system of IP law documents are still complicated and there are a
lot of Decrees, Circulars for stipulating and guiding of the
implementation
- A number of scientists from universities and research institutes of
Vietnam has not established a habit of utilizing invention information
for research, creation - related activities.
- Vietnamese enterprises predominantly
operate in small or medium scales, therefore
they do not have enough budget for
employing high technology, innovating in
technology as well as exploiting intellectual
property information in manufacturing
activities and business.
Orientations
- Continuing to research and amend the system of IP law documents in
order to adapt actual circumstance
- Completing database and searching tools for patent information.
- Diversifying forms of information supply to facilitate convenient access
and exploitation for users.
-Enhancing the crucial role of NOIP in intensifying guidance and support
for scientists from universities and institutions nationwide so as to apply
patent information in technology invention and innovation.
- Continuing to implement the National Program in supporting
intellectual property development, request the Prime Minister’s approval
for lengthening execution to phase in 2020.
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