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Intellectual property practices in Vietnam for development and international integration (Part 2 and end)
Intellectual property practices in Vietnam for development and international integration (Part 2 and end)
24/3/19
Some solutions to improve the efficiency of intellectual property activities in Vietnam
In order for intellectual property activities of Vietnam to develop in the right direction, effectively contribute to socio-economic development, it is necessary to clarify the following viewpoints: intellectual property of Vietnam as well as of mankind must be used as a lever to boost technological innovation, improve competitiveness. Improve the quality and ensuring the outstanding efficiency of intellectual property activities are a cross-cutting requirement and a top priority for the goal of developing Vietnam's intellectual property system; the intellectual property system must develop on the basis of the Fourth Industrial Revolution’s modern technology, first of all internet of things and artificial intelligence; high quality human resources for intellectual property is a key factor to ensure the success of intellectual property activities; Vietnam's intellectual property system must be open and dynamic, adaptable to economic movement and development in association with active and proactive international integration in intellectual property.
Based on those viewpoints, 5 groups of tasks to develop intellectual property for the period of 2019-2030 should be implemented including intellectual property policies and laws; state management of intellectual property; protection of intellectual property rights; intellectual property rights serve economic growth and improve innovation capacity; supporting and supplementing intellectual property activities with the following specific solutions:
First, step up information and communication innovation to raise awareness of the society about intellectual property - an important activity that encourages innovation and creates valuable intellectual property, and technology transfer, contributing to improving productivity and quality, creating highly competitive products, promoting socio-economic development. In addition, it is necessary to gradually integrate intellectual property and intellectual property specialization into higher and general education programs.
Second, improve and implement preferential policies, support enterprises to use and transfer the rights to use intellectual property, perfect the law on intellectual property transactions, and mechanism of benefit sharing among stakeholders of the creative products; perfect the policy of balancing benefits to reasonably and satisfactorily handle relations among intellectual property-related stakeholders such as patent owners and communities, between owners of plan variety rights, producers, businesses and farmers.
Third, increase investment and improve investment efficiency for intellectual property development, invest in modernizing technology resources for registration and protection of intellectual property rights; set up a National Intellectual Property Support Fund to invest in creative activities, support for application and transfer of intellectual property.
Second, improve and implement preferential policies, support enterprises to use and transfer the rights to use intellectual property, perfect the law on intellectual property transactions, and mechanism of benefit sharing among stakeholders of the creative products; perfect the policy of balancing benefits to reasonably and satisfactorily handle relations among intellectual property-related stakeholders such as patent owners and communities, between owners of plan variety rights, producers, businesses and farmers.
Third, increase investment and improve investment efficiency for intellectual property development, invest in modernizing technology resources for registration and protection of intellectual property rights; set up a National Intellectual Property Support Fund to invest in creative activities, support for application and transfer of intellectual property.
Fourth, streamline focal points and specialize the system of intellectual property protection, continue to improve legal documents on intellectual property, especially enforcement regulations; gradually shift the handling of intellectual property disputes to civil cases; rectify all regulations on sanctions to ensure that civil sanction is the main measure (while administrative sanction is an additional measure for civil sanction when infringement of intellectual property rights goes beyond the civil extent).
Fifth, improve the State's management role for the protection intellectual property. Effectively coordinate the State management agencies and other concerned individuals and organizations to improve intellectual property law, making it a solid legal basis to boost innovation and high feasibility, encouraging creativity. Enhance the effective use of intellectual property monitoring and management tools, increase the use of new technologies, especially information technology, in intellectual property operations.
Fifth, improve the State's management role for the protection intellectual property. Effectively coordinate the State management agencies and other concerned individuals and organizations to improve intellectual property law, making it a solid legal basis to boost innovation and high feasibility, encouraging creativity. Enhance the effective use of intellectual property monitoring and management tools, increase the use of new technologies, especially information technology, in intellectual property operations.
Sixth, expand support and assistance to promote and protect intellectual property rights, such as production and business activities; build and develop a model linking university/research institute with businesses; operate a network of intellectual property and technology transfer centers at universities and research institutes connected to intellectual property support centers; support intellectual property management and judicial services, set up non-public non-business organizations providing intellectual property services, such as intellectual property information, intellectual property valuation.
Seven, improve capacity of intellectual property human resources through innovation and professional training and retraining on intellectual property, perfect standards of professional qualifications and recruitment for positions which directly handle business in intellectual property management agencies. It is necessary to have a training program for focal points on enforcement of intellectual property rights at central and local enforcement agencies; set out concrete practical contents in state management areas to enhance focal points’connection. Periodically organize in-depth training programs providing intellectual property knowledge to focal point officials.
Seven, improve capacity of intellectual property human resources through innovation and professional training and retraining on intellectual property, perfect standards of professional qualifications and recruitment for positions which directly handle business in intellectual property management agencies. It is necessary to have a training program for focal points on enforcement of intellectual property rights at central and local enforcement agencies; set out concrete practical contents in state management areas to enhance focal points’connection. Periodically organize in-depth training programs providing intellectual property knowledge to focal point officials.
Eight, proactively enhance international integration and cooperation in the field of intellectual property, expand and develop in-depth international cooperation and support with major intellectual property partners, both bilateral and multilateral in implementing projects on capacity building to enforce intellectual property rights in order to improve human resources capacity in enforcing rights, strengthen information collection and provision between regulatory and enforcement agencies and raise public awareness about respecting intellectual property rights. Exchange experiences and share knowledge with countries around the world on intellectual property commercialization. Proactively and actively participate in international forums to negotiate the development of international intellectual property institutions and sign bilateral agreements on intellectual property.
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All comments [ 20 ]
In the era of rapid development of science and technology, intellectual property has become one of the tools to enhance the competitiveness of businesses and economies including that of Vietnam.
it is necessary to improve the effectiveness of intellectual property activities in our country to take advantage of opportunities as well as solve challenges in development and international integration.
In Vietnam, the current intellectual property system at the central level consists of three specialized areas under the management of three ministries.
Although Vietnam’s IPR related legislation is generally recognized to have fully complied with the world common norms, its IPR enforcement practice effectiveness is not somewhat good.
Việt Nam has taken steps towards aligning its intellectual property (IP) framework more closely with its Southeast Asian peers.
Việt Nam’s overall score has risen from 30 per cent of the total possible score (10.34 out of 35) in the 5th edition to 33 per cent (13.19 out of 40) in the current 6th edition of the index.
Việt Nam has taken some positive steps forward towards strengthening its IP framework to compete more closely with its Southeast Asian peers, increasing its score.
With continued investment in strong IP rights, Việt Nam can harness this positive momentum to become a leader in the region, stimulate its domestic capacity for innovation, and enhance its global competitiveness.
The majority of countries took steps to strengthen their IP systems and foster an environment that encourages and incentivises creators to bring their ideas to market.
While a clear pack of leaders in IP protection top the rankings, the leadership gap has narrowed.
There is still work to be done, and we hope governments will use this Index as a blueprint to further improve their IP ecosystems and grow competitive, knowledge-based economies.
a majority of economies benchmarked are building more effective foundations for IP policy.
Indonesia, Thailand, and Việt Nam, for example, each have long-standing programmes to enhance co-ordination between government agencies responsible for IP enforcement.
Việt Nam implemented some fundamental IP initiatives to help increase awareness about the importance of protecting IP rights and streamline IP rights enforcement across the Government.
The Government passed legislation to strengthen the criminal standards for IP infringement, which will strengthen the enforcement environment for IP-intensive industries operating in Việt Nam.
To fight against counterfeit, piracy, infringement of patent, trademark or copyright, subject to the scale, extent and value of the infringing goods found or detained, registrant or its licensee may request one of IPR enforcement bodies
It may be surprised to almost foreign registrants that more than 90% of IPR cases are annually settled by administrative measure
Generally, except for trade secrets, geographic indications, and trade names, intellectual property rights are protected in Vietnam upon registration on a first-to-file priority basis.
These are the two principal laws governing the protection of intellectual property rights in Vietnam and adopted by Vietnam to conform to WTO standards on intellectual property protection.
Vietnam’s industrial property regime is administered principally by MOST acting through NOIP. The copyright regime is administered by the Ministry of Culture, Sports and Tourism, acting through the Copyright Department.
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