Singapore - September 30 th, 2014 NGUYEN, ANH TUAN Creative Activities Development and Management Division National Office of Intellectual Property of Viet Nam (NOIP)
I. Current polices regarding Intellectual Property II. Current polices regarding development of IP assets and innovation III. Statistics Table of Content
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.
Apparatus of the state IP Government 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 Culture, Sport and Tourism The Department of Science and Technology The Department of Agricultural and Rural Development 7
National office of Intellectual Property of Viet Nam 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.
Initiative charter 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 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
National program for supporting development of IP assets (68 Program) 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
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
Some results of 68 program 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 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.