Chương 6 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Các biện pháp thúc đẩy hoạt động sở hữu công nghiệp

Chapter VI

MEASURES TO PROMOTE INDUSTRIAL PROPERTY ACTIVITIES

Article 30.- Training and fostering of human resources for industrial property activities

1. The Science and Technology Ministry assumes the prime responsibility for, and coordinates with the Education and Training Ministry and the Justice Ministry in, providing for in detail industrial property training and fostering contents and programs.

2. The Justice Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, organizing the elaboration of contents and programs of fostering of industrial property knowledge for judicial titles.

3. The Science and Technology Ministry assumes the prime responsibility for, and coordinates with concerned ministries and branches in, organizing the fostering of industrial property  for persons engaged in state management, examination, assessment and handling of violations and infringements in industrial property.

4. The Education and Training Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, formulating programs and organizing the industrial property training in training establishments.

Article 31.- Assurance of industrial property information

1. The industrial property information system consists of relevant information on all industrial property objects protected in Vietnam and information selected according to intents or topics on foreign industrial property objects which is classified and arranged in a proper and convenient manner in order to facilitate the search (reference), distribution and use.

2. The Science and Technology Ministry shall organize the setting up and management of industrial property information storages, develop classification and search tools, guide methods for search and use of domestic and foreign industrial property information; organize the supply of information in an adequate, timely and accurate manner, assuring the accessibility to information storages for entities with demands for information in service of the establishment and protection of industrial property rights, the research, development and business.

3. Research and development subjects or projects are not funded by the state budget if references to invention information are not made right at the stage of drafting such subjects or projects or if such subjects or projects are identical to existing invention information, except for those aimed at experimental application or development of technical know-how to utilize existing inventions.

The Science and Technology Ministry shall organize the provision of services of searching for invention information at the request of agencies, organizations or individuals engaged in the formulation, approval or appraisal for acceptance of research and development subjects or projects funded by the State, if the requesters pay the searching service fee set by the Finance Ministry.

Article 32.- Accounting of expenses and prices related to industrial property

1. Expenses for the following purposes are regarded as reasonable expenses of enterprises:

a/ Expenses for the creation of inventions, industrial designs or layout designs; expenses for the designing of marks or logos of the enterprises;

b/ Expenses for the completion of procedures for registration, maintenance and renewal of the rights to inventions, industrial designs, layout designs, marks or geographical indications, including the completion of those procedures in foreign countries;

c/ Expenses for the application of measures to protect the confidentiality of business secrets or to protect the rights to inventions, industrial designs, layout designs, marks or geographical indications;

d/ Expenses for the payment of remunerations to authors;

e/ Expenses for the purchase of the ownership right or the right to use inventions, industrial designs, layout designs, marks or business secrets.

2. Inventions, industrial designs, layout designs, marks, trade names or business secrets and effective relevant industrial property rights created by, transferred or assigned to, enterprises constitute intellectual assets of such enterprises and are accounted into their total assets.

3. The Finance Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, guiding the method of accounting industrial property-related expenses and the method of valuating intellectual assets specified in Clauses 1 and 2 of this Article.

Article 33.- Extension of the scope of use of state-owned inventions, industrial designs or layout designs

1. When protection title holders’ capability to utilize state-owned inventions, industrial designs or layout designs fails to satisfy social needs, other state organizations may request protection title holders to license such inventions, industrial designs or layout designs to them on the following conditions:

a/ The licensed right to use such inventions, industrial designs or layout designs is non-exclusive and shall not be sub-licensed to others;

b/ The scope of use of inventions, industrial designs or layout designs by licensees does not affect the utilization of such inventions, industrial designs or layout designs to the full capability of protection title holders.

c/ When inventions, industrial designs or layout designs are used for non-commercial purposes, the licensing fee to be paid by invention, industrial design or layout design licensees to protection title holders is equal to 50% of the amount payable by licensees which are not state organizations in order to receive the right to use such inventions, industrial designs or layout designs on other similar conditions.

2. The licensing of state-owned inventions, industrial designs or layout designs to state organizations specified in Clause 1 of this Article shall not affect the right of  protection title holders to license such objects to other non-state organizations.

Article 34.- Encouragement of industrial property activities of social organizations and socio-professional organizations

Social organizations and socio-professional organizations operating in the domain of industrial property are entitled to enjoy favorable conditions for performing their function of providing social consultations and criticisms in intellectual property and promoting non-public social service activities in order to bring into full play their role in assisting operations of state agencies and supporting industrial property rights holders.

Article 35.- Other measures to encourage creative activities

The State encourages and sponsors activities of creating technologies by:

1. Sponsoring technical innovation contests.

2. Commending, rewarding and popularizing experience, creative methods, advanced models of creative labor.

3. Supporting activities of establishing and protecting industrial property rights to creative labor’s achievements.