Deputy Prime Minister Tran Hong Ha requested to increase the organizational capacity and apparatus for resolving intellectual property disputes on the basis of mobilizing organizations, consultants, and independent appraisers - Photo: VGP/Minh Khoi
The Deputy Prime Minister requested that representatives of the drafting agency, ministries, branches and business associations discuss and clarify the feasibility and practical requirements of the decree; its potential impact on transfer activities, protection of industrial property rights and plant varieties; and simplification of administrative procedures while still ensuring effective state management.
Along with that is the ability to carry out administrative procedures on intellectual property in the electronic environment, digital transformation; ensuring integration, harmonization of standards, norms, and regulations in international treaties on intellectual property that Vietnam participates in.
Deputy Minister of Science and Technology Nguyen Hoang Giang reported on some new points in the Decree detailing a number of articles and measures to implement the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property - Photo: VGP/Minh Khoi
Reporting at the meeting, Deputy Minister of Science and Technology Nguyen Hoang Giang said that according to Decision No. 917/QD-TTg, the Prime Minister assigned the Ministry of Science and Technology to preside over and coordinate with relevant agencies to develop a Decree detailing and guiding the implementation of a number of articles of the Law on Intellectual Property on industrial property, protection of intellectual property rights and state management of intellectual property, allowing the application of shortened procedures but must ensure the collection of opinions from subjects directly affected by the document.
The Ministry of Science and Technology has drafted a decree applying the simplified procedures in accordance with the provisions of the Law on Promulgation of Legal Documents. To date, the draft decree has been received and finalized according to the opinions of all members of the Government. The draft has been appraised by the Ministry of Justice in accordance with the provisions.
Regarding some new and outstanding points, Deputy Minister Nguyen Hoang Giang said that the detailed regulations on ownership of assets formed from scientific and technological tasks using the state budget will be automatically transferred to the host organization to create conditions for rapid commercialization of products.
Deputy Prime Minister Tran Hong Ha requested the Ministry of Science and Technology and the National Office of Intellectual Property to urgently build a database on intellectual property - Photo: VGP/Minh Khoi
In addition, the Decree details the list of technical fields that impact national security and defense, the order and procedures for security control of inventions, the coordination mechanism between state management agencies and industrial property rights for agencies designated by the Ministry of Public Security and the Ministry of National Defense.
Another new point is the detailed regulation on procedures for Vietnamese citizens who are lawyers to be granted certificates to practice industrial property representation services related to commercial indications; thereby reducing conditions and facilitating the business of industrial property representation services.
At the meeting, representatives of the Ministry of Justice, the Vietnam Federation of Commerce and Industry (VCCI), the European Chamber of Commerce in Vietnam (Eurocham), and the American Chamber of Commerce in Vietnam (Amcham) also discussed the constitutionality, legality; comprehensiveness, unity and synchronization of the law, and harmonization of international treaties... of the draft Decree.
Concluding the meeting, the Deputy Prime Minister requested the Ministry of Science and Technology to absorb comments to complete the draft Decree; at the same time, prepare to immediately issue instructions on implementing dossiers and administrative procedures on intellectual property, industrial property rights, rights to plant varieties and state management of intellectual property in the electronic environment, implemented in parallel with direct implementation procedures, "by the end of 2023, it must be completely implemented in the electronic environment".
To enhance management capacity, the Ministry of Science and Technology and the Department of Intellectual Property urgently build and complete the database on intellectual property, including records, procedures, processing and management of organizations and individuals that have been granted certificates, recognition and recognition of intellectual property rights.
The Decree also needs to clearly stipulate the complete components of the application for certification and recognition of intellectual property rights; the processing procedure and processing time associated with the responsibilities of agencies and individuals; there must be a mechanism to mobilize organizations and experts, gradually overcoming the situation of limited staff capacity and lack of machinery and equipment to handle complex and demanding applications. "The Decree must clearly stipulate that the application will only be returned once after receipt, with the competent person responsible, and not allowing the situation of returning the same application multiple times," the Deputy Prime Minister noted.
In addition, the Decree needs mechanisms and regulations to apply forms of recognition and mutual recognition of intellectual property rights... with countries, partners, and international organizations according to the list developed by the Ministry of Science and Technology and the Department of Intellectual Property.
Regarding intellectual property disputes and complaints, the Deputy Prime Minister requested to increase the organizational capacity and resolution apparatus on the basis of mobilizing organizations, consultants, and independent appraisers; and clearly define the time for handling disputes.
The Deputy Prime Minister also requested the Ministry of Science and Technology and the Department of Intellectual Property to continue to fully assess the impact when issuing the Decree under the simplified procedure; have provisions to ensure the continuous legality of intellectual property management work on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property...
The Ministry of Science and Technology continues to work with the Vietnam Federation of Commerce and Industry (VCCI), the European Chamber of Commerce in Vietnam (Eurocham), the American Chamber of Commerce in Vietnam (Amcham)... to amend and supplement technical issues, clarify concepts, and classify products related to intellectual property...
"The Decree, once issued, must benefit businesses and people, overcome shortcomings and limitations in intellectual property management, industrial property protection, rights to plant varieties and state management of intellectual property...", said the Deputy Prime Minister.
Source
Comment (0)