Chương III Nghị định 65/2023/NĐ-CP: Sáng chế, kiểu dáng công nghiệp, thiết kế bố trí là kết quả của nhiệm vụ khoa học và công nghệ sử dụng ngân sách nhà nước

Chapter III

INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT DESIGNS THAT ARE RESULTS OF TASKS OF SCIENCE AND TECHNOLOGY FUNDED BY STATE BUDGET

Article 43. Rights to register inventions, industrial designs, and layout designs that are the results of tasks of science and technology funded by the state budget

1. Automatic assignment of rights to register inventions, industrial designs, and layout designs that are results of the tasks of science and technology funded by the state budget prescribed in Clause 1 and Clause 2 Article 86a of the Law on Intellectual Property means the presiding organization has the rights to register any invention, industrial design, and layout design when they are created during the implementation of tasks of science and technology without having to carry out the procedure for assigning registration rights of the representative of state ownership.

2. The determination of rights to register inventions, industrial designs, and layout designs that are results of tasks of science and technology invested in by multiple sources, including the state budget prescribed in Clause 2 and Point b Clause 3 Article 86a of the Law on Intellectual Property is as follows:

a) The organization presiding over the tasks shall have part of the rights to register inventions, industrial designs, and layout designs corresponding to the state budget investment. If the inventions, industrial designs, and layout designs are the results of tasks of science and technology in national defense and security, part of the rights shall be long to the State and exercised by the representative of state ownership according to Clause 3 of this Article;

b) Other organizations and individuals shall have part of the rights to register inventions, industrial designs, and layout designs corresponding to their investment.

3. Representatives of state ownership prescribed in Point c Clause 3 Article 86a of the Law on Intellectual Property are:

a) The Minister of Science and Technology of Vietnam regarding national tasks of science and technology, except for ones prescribed in Point b of this Clause;

b) Ministers, heads of ministerial agencies, governmental agencies, and other central agencies, and Chairpersons of People's Committees of provinces regarding national tasks of science and technology assigned for management and tasks of science and technology approved by them;

c) Heads of agencies and organizations regarding tasks of science and technology approved by them.

Article 44. Obligations to notify and register inventions, industrial designs, and layout designs that are results of tasks of science and technology funded by state budget

1. The date of the invention, industrial design, or layout design created according to Clause 1 Article 136a of the Law on Intellectual Property is the date the presiding organization receives the written report of the author or acknowledges that the invention, industrial design, or layout design is created as the results of a task of science and technology, depending on which condition comes first.

2. Within 1 month from the date on which the invention, industrial design, or layout design is created according to Clause 1 of this Article, the presiding organization shall send a written notification to the representative of state ownership, specifying the information on such an invention, industrial design, or layout design, registration needs, and the nation to have the registration application submitted to (if any). In case of not carrying out the procedure for establishing rights to the above subjects, the presiding organization shall send a written notification to the representative of state ownership within 10 days before the end date of the time limit prescribed in Clause 2 Article 136a of the Law on Intellectual Property.

3. The author of the invention, industrial design, or layout design and the presiding organization shall ensure the confidentiality of the information on such a subject until the application for registration of the subject is submitted or the representative of state ownership discloses the content of the invention, industrial design, or layout design under Clause 2 Article 133a of the Law on Intellectual Property.

4. The application for registration of an invention, industrial design, and layout design created as a result of a task of science and technology funded by the state budget may only be transferred to an organization established under the law of Vietnam or a Vietnamese citizen residing in Vietnam. The receiving party shall perform the corresponding obligations of the presiding organization according to the Law on Intellectual Property and this Decree.

5. When carrying out the procedure for establishing industrial property rights according to intellectual property laws to inventions, industrial designs, or layout designs that are the results of tasks of science and technology funded by the state budget, the presiding organization shall:

a) Send a written notification to the management authority of science and technology tasks of the results of the processing of the application for registration of the invention, industrial design, or layout design within 7 working days from the date the industrial property right authority issues a decision or notification of the processing result of the mentioned application;

b) Within 7 working days after the end date of the time limit prescribed in Clause 1 and Clause 2 Article 113 of the Law on Intellectual Property, send a written notification to the management authority of science and technology tasks of the invention application considered withdrawn according to Clause 3 Article 113 of the Law on Intellectual Property with specific explanations.

c) Send a notification to the management authority of science and technology tasks for the performance of the procedure for transferring rights to register the invention, industrial design, or layout design that is a result of a task of science and technology funded by the state for other organizations or individuals according to Article 45 of this Decree in the following cases:

c1) The application for registration of the invention, industrial design, or layout design is refused due to invalidity, except for the case where the refusal is due to the subject specified in the application is not subject to protection in the name of the invention, industrial design, or layout design according to Articles 59, 64, and 69 of the Law on Intellectual Property;

c2) The application for registration of the invention, industrial design, or layout design is withdrawn before its disclosure according to the regulations.

Article 45. Assigning rights to register inventions, industrial designs, and layout designs that are the results of tasks of science and technology funded by the state budget to other organizations and individuals

1. The representative of state ownership shall assign the management authority of science and technology to issue public disclosure on its website or web portal for organizations and individuals in need to submit applications requesting the assignment of rights to register inventions, industrial designs, and layout designs in cases prescribed in Clause 1 Article 133a of the Law on Intellectual Property and cases prescribed in Point Clause 5 Article 44 of this Decree.

2. Information disclosed under Clause 1 of this Article includes the name and technical field of the invention, industrial design, or layout design created as the result of a science and technology task, assignment method, and information access.

3. The organizations and individuals in need prescribed in Clause 1 of this Article may access the detailed information on inventions, industrial designs, or layout designs that are the results of tasks of science and technology under Clause 2 of this Article if they submit written requests to management authorities of science and technology tasks and commit to ensure the confidentiality and use the information for non-commercial purposes.

4. The organizations and individuals in need prescribed in Clause 1 of this Article shall submit applications requesting the assignment of rights to register inventions, industrial designs, or layout designs following Form No. 01 of Appendix III to management authorities of science and technology tasks.

5. Management authorities of science and technology tasks shall process requests for the assignment of registration rights under the following regulations:

a) Inspection of the validity of the application. If the application is invalid, within 5 working days from the receipt date of the application, the management authority of science and technology tasks shall send a written notification to the organization or individual and impose a 10-day time limit from the notification issuance date for the organization or individual to remedy deficiencies;

b) Within 7 working days after the end date of the time limit for public notification according to Clause 1 Article 133a of the Law on Intellectual Property, the management authority of science and technology tasks shall report on the decision to assign rights to register the invention, industrial design, or layout design to the eligible organization or individual to the representative of state ownership;

c) In case many organizations and individuals requesting the assignment of rights to register an invention, industrial design, or layout design have valid applications, the representative of state ownership shall send written notifications of the intended assignment to such organizations and individuals for them to co-exercise the registration rights and be a joint applicant for such an invention, industrial design, or layout design and impose a 7-working-day time limit for organizations and individuals to propose any suggestion on the notification. After the above time limit, if concerned organizations and individuals disagree to become the joint applicant in writing or do not have any written response, within 5 working days after the end date of the above time limit, the representative of state ownership shall issue a decision to assign the rights to register the invention, industrial design, or layout design to the organizations and individuals that agree with the notification of the intended assignment in writing.

6. Organizations and individuals receiving the assignment of rights shall submit applications for establishing rights to the invention, industrial design, or layout design within 6 months after being assigned according to Clause 5 of this Article and perform other corresponding obligations of the presiding organization according to the Law on Intellectual Property and this Decree.

7. After 90 days from the date of notification issuance prescribed Clause 1 of this Article, if it is unable to assign registration rights to the organizations and individuals in need, the representative of state ownership shall assign the management authority of science and technology tasks to publicly disclose that the invention, industrial design, or layout design is the created as the result of a task of science and technology on its website or web portal for organizations and individuals to utilize and use according to laws.

Article 46. Exercising industrial property rights and adopting measures to protect inventions, industrial designs, and layout designs that are the results of tasks of science and technology funded by state budget

1. To ensure the exercise of industrial property rights and efficient utilization of inventions, industrial designs, and layout designs that are results of tasks of science and technology funded by the state budget, the presiding organization issuing protection titles to such subjects shall:

a) Apply appropriate measures to protect industrial property rights to the mentioned subjects, including the performance of necessary procedures for maintaining and renewing the validity of protection titles of the mentioned subjects;

b) Determine and adopt appropriate commercial utilization measures.

2. Annually, the presiding organization issuing protection titles to inventions, industrial designs, and layout designs that are the results of tasks of science and technology funded by the state budget shall submit reports to the management authority of science and technology tasks, including the following contents:

a) Situation of the commercial utilization and assessment of the efficiency of the utilization of inventions, industrial designs, and layout designs;

b) The total profit that the presiding organization has received from the use and transfer of use rights, transfer of rights, investment in patents of inventions, industrial designs, and layout designs, the settlement of remuneration for authors, and profit distribution enclosed with the financial statement of the presiding organization independently audited;

c) Measures to protect rights currently in implementation.

Article 47. Procedures for permitting other organizations and individuals to use inventions, industrial designs, and layout designs that are the results of tasks of science and technology funded by state budget

1. The reasonable period of time according to Point a Clause 3 Article 133a of the Law on Intellectual Property is 4 years after the date of invention registration application submission or 3 years from the date of issuance of the invention patent; 3 years after the submission date of applications for registration of industrial designs or layout designs or 2 years after the date of issuance of the industrial design patent, certificate of registration of semiconductor integrated circuit layout design, depending on which time period ends later.

2. Authorities competent to approve science and technology tasks according to science and technology laws shall proactively, or upon requests of other organizations and individuals, issue decisions to permit the use of inventions, industrial designs, and layout designs that are the results of science and technology tasks funded by the state budget in cases prescribed in Clause 3 Article 133a of the Law on Intellectual Property based on consultation with the Ministry of Science and Technology of Vietnam.

3. Decisions prescribed in Clause 2 of this Article shall specify the scope and conditions that may be used by other organizations and individuals, including:

a) Rights to use inventions, industrial designs, or layout designs that are exclusive or non-exclusive;

b) Use rights may only be exercised within the scope and time period adequate to achieve the targets of the use permission;

c) Organizations and individuals permitted by competent authorities shall not transfer the rights to other entities.

Authorities competent to approve science and technology tasks shall send decisions on use permission to persons permitted to use inventions, industrial designs, and layout designs, right holders, and industrial property right authorities.

4. Organizations and individuals requesting permission to use inventions, industrial designs, or layout designs that are the results of tasks of science and technology funded by the state budget prescribed in Clause 2 of this Article shall submit applications to authorities competent to approve science and technology tasks, including the following documents:

a) Applications for permission to use inventions, industrial designs, or layout designs that are the results of tasks of science and technology funded by the state budget following Form No. 02 Appendix III of this Decree;

b) Documents proving that requests for permission to use inventions, industrial designs, or layout designs that are the results of tasks of science and technology funded by the state budget have reasonable grounds.

5. Authorities competent to approve science and technology tasks shall process applications according to the following regulations:

a) Inspection of the validity of the application. If the application is invalid, within 5 working days from the receipt date of the application, the authority competent to approve science and technology tasks shall send a written notification to the organization or individual and impose a 20-day time limit from the notification issuance date for the organization or individual to remedy deficiencies;

b) Within 7 working days from the receipt date of the valid application, the authority competent to approve science and technology tasks shall notify the right holder of the request for permission to use the invention, industrial design, or layout design and impose a 1-month time limit from the notification issuance date for the right holder to provide written answers, except for requests subject to Point b Clause 3 Article 133a of the Law on Intellectual Property where the authority competent to approve science and technology tasks does not have to notify the right holder.

c) After the above time limit, the authority competent to approve science and technology tasks shall process the request for use permission and suggests of the right holder based on the applications and suggestions provided by concerned parties. If the request for permission to use the invention, industrial design, or layout design does not have reasonable grounds according to Clause 3 Article 133a of the Law on Intellectual Property, the authority competent to approve science and technology tasks shall issue a decision to refuse the request with specific explanations. If the request has reasonable grounds, the authority competent to approve science and technology tasks shall issue a decision to permit the use.

6. The right holder may request the termination of use permission when the grounds prescribed in Clause 3 Article 133a of the Law on Intellectual Property no longer exist and are unlikely to reappear. The request for the termination of use permission shall be prepared in writing and sent to the authority competent to approve science and technology tasks enclosed with proving documents.

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