Chương 7 Nghị định 105/2006/NĐ-CP bảo vệ quyền sở hữu trí tuệ quản lý nhà nước hướng dẫn luật sở hữu trí tuệ: Quản lý nhà nước về sở hữu trí tuệ

Chapter VII

STATE MANAGEMENT OF INTELLECTUAL PROPERTY

Article 54.- Principle of unified state management of intellectual property

The performance of the state management of intellectual property provided in Article 10 and Article 11 of the Law on Intellectual Property shall be based on the principle of uniformity of objectives, contents and measures under the general direction of the Government, clear division of responsibilities and close coordination among ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

Article 55.- Responsibilities of the Ministry of Science and Technology

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Culture and Information, the Ministry of Agriculture and Rural Development and other ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in, carrying out the following general activities in order to secure unified state management of intellectual property:

a/ Formulating, promulgating or submitting to competent authorities for promulgation, and organizing the implementation of, strategies, policies and general legal documents on intellectual property right protection and this Decree;

b/ Monitoring, urging and supervising the performance of the tasks by ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels, which are assigned by the National Assembly and the Government, in accordance with the provisions of Article 10 and Article 11 of the Law on Intellectual Property, and this Decree;

c/ Summing up, evaluating and reporting to the Government on intellectual property right protection activities, and making proposals on specific policies and measures to improve the effectiveness of intellectual property system and secure the unified state management of intellectual property;

d/ Formulating, and directing the implementation of, general programs and schemes on intellectual property right protection, measures of coordination among competent state agencies in the domain of intellectual property right protection;

e/ Negotiating, concluding, acceding to and organizing the implementation of, general treaties on intellectual property; proposing the settlement of national intellectual property-related disputes in the domain of international relations.

2. Apart from the prime responsibility for performing general activities specified in Clause 1 of this Article, the Ministry of Science and Technology shall have the following responsibilities:

a/ Directly performing the function of state management of industrial property and securing the consistency of industrial property policies, strategies and legal documents with general policies, strategies and legal documents on intellectual property;

b/ Performing other tasks assigned by the Government.

Article 56.- Responsibilities of the Ministry of Culture and Information

The Ministry of Culture and Information shall coordinate with the Ministry of Science and Technology in performing the tasks specified in Clause 1, Article 55 of this Decree and perform the following specific tasks:

a/ Directly performing the function of state management of copyright and related rights, securing the consistency of policies, strategies and legal documents on copyright and related rights with general policies, strategies and legal documents on intellectual property; regularly or irregularly reporting to the Ministry of Science and Technology on the state management and protection of intellectual property rights for coordination in handling emerging issues, sum-up and report to the Prime Minister.

b/ Performing other tasks assigned by the Government.

Article 57.- Responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Science and Technology in performing the tasks specified in Clause 1, Article 55 of this Decree and perform the following specific tasks:

1. Directly performing the function of state management of rights to plant varieties, securing the consistency of policies, strategies and legal documents on rights to plant varieties with general policies, strategies and legal documents on intellectual property; regularly or irregularly reporting to the Ministry of Science and Technology on the state management and protection of intellectual property rights for coordination in handling emerging issues, sum-up and report to the Prime Minister.

2. Performing other tasks assigned by the Government.

Article 58.- Responsibilities of other ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels

Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall, within the scope of their respective functions and tasks, coordinate with the Ministry of Science and Technology, the Ministry of Culture and Information and the Ministry of Agriculture and Rural Development in performing the following specific tasks:

1. Performing the tasks specified in Clause 1, Article 55 of this Decree and directly performing specific tasks assigned by the Government and the National Steering Committee for Intellectual Property.

2. Securing the implementation of policies and law on intellectual property in their localities in accordance with the Law on Intellectual Property and its guiding documents.

3. Regularly or irregularly reporting to the Ministry of Science and Technology on the state management and protection of intellectual property rights for coordination in handling emerging issues, sum-up and report to the Prime Minister.

Article 59.- The National Steering Committee for Intellectual Property

The Prime Minister shall decide to set up the National Steering Committee for Intellectual Property and define specific duties and powers of this Committee

Article 60.- Coordination regime

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Culture and Information, the Ministry of Agriculture and Rural Development and concerned agencies in, performing the state management of, protecting, supervising, inspecting and handling infringements of intellectual property rights.

2. State management agencies in charge of intellectual property shall fully and promptly reply to requests of agencies with competence to handle infringements of intellectual property rights.

3. State management agencies in charge of intellectual property shall, upon request, participate in inspection or supervision teams to assist inspection and supervision work.

4. Concerned ministries shall report on the protection of intellectual property rights on an annual basis or upon request to the National Steering Committee for Intellectual Property, or upon international request.