Chương 4 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Chuyển giao quyền sở hữu công nghiệp

Chapter IV

ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS

Article 24.- Compensation levels for the right to use inventions licensed under compulsory decisions

1. Compensation level for the right to use an invention licensed under a compulsory decision specified at Point d, Clause 1, Article 146 of the Law on Intellectual Property is determined according to the economic value of the licensed use right and based on the following elements:

a/ Invention licensing price under the contract;

b/ Funds invested in the creation of the invention, with the support fund from the state budget (if any) taken into account;

c/ Profits earned from the use of the invention;

d/ Remaining valid term of the protection title;

e/ Necessity of the invention licensing;

f/ Other elements directly decisive to the economic value of the licensed use right.

2. Compensation level does not exceed 5% of the net selling price of products manufactured under the invention, if the principle specified in Clause 1 of this Article is complied with.

3. Agencies competent to issue decisions on compulsory licensing of inventions may set up valuation councils or solicit expertise opinions to determine compensation levels specified in Clause 1 of this Article.

Article 25.- Dossier and procedure for licensing of inventions under compulsory decisions

1. Except for the case specified in Clause 2 of this Article, the Science and Technology Ministry specifies the form and contents of the dossier of request for licensing of inventions specified in Clause 1, Article 147 of the Law on Intellectual Property, and stipulates and organizes the implementation of procedures for receiving and handling requests for licensing of inventions.

2. The Health Ministry and the Agriculture and Rural Development Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, guiding and organizing the implementation of procedures for compulsory licensing of inventions and use of inventions on behalf of the State to satisfy needs of health care and nutrition for the people.

Article 26.- Dossier and procedure for registration of contracts for assignment of industrial property rights      

1. The Science and Technology Ministry specifies the forms and contents of various dossiers for registration of contracts for assignment of industrial property rights specified in Article 149 of the Law on Intellectual Property.

2. The Science and Technology Ministry specifies the procedures for receiving and handling dossiers for registration of contracts for assignment of industrial property rights.