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.