Chương VII Nghị định 65/2023/NĐ-CP: Các biện pháp thúc đẩy hoạt động sở hữu công nghiệp

Chapter VII

MEASURES TO PROMOTE INDUSTRIAL PROPERTY

Article 66. Provision of training and advanced training for industrial property personnel

1. The Ministry of Science and Technology of Vietnam shall elaborate on the content, training program, and advanced training in industrial property.

2. The Ministry of Science and Technology of Vietnam shall take charge and cooperate with relevant ministries and central authorities in providing advanced training in industrial property for people engaging in the state management, appraisal, assessment, and handling of violations and infringements concerning industrial property.

Article 67. Ensuring industrial property information

1. The industrial property information system includes a collection of information concerning all of the subject matters of industrial property protected in Vietnam, information sorted for specific purposes or themes of foreign subject matters of industrial property categorized and arranged appropriately and conveniently for search (lookup), distribution, and use.

2. The Ministry of Science and Technology of Vietnam shall develop and manage industrial property information storages and develop tools to classify, search, guide the search, and use the domestic and foreign industrial property information; organize the supply of information adequately, promptly, and accurately to ensure the access to information storages for any subject that wishes to use such information for the establishment and protection of industrial property rights, research, development, and business; manage and carry out the sharing, connection, utilization, international cooperation, and other operations concerning the national database on industrial property.

Article 68. Extending the use scope of inventions, industrial designs, and layout designs of the State

1. Regarding inventions, industrial designs, and layout designs owned by the State, in case the capacity for using them of the owner of the protection title fails to meet the social demand, other organizations of the State may request the owner of the protection title to transfer the rights to use such inventions, industrial designs, or layout designs with the following requirements:

a) Rights to use inventions, industrial designs, or layout designs to be transferred are non-exclusive and forbidden from transferring to another person;

b) The use scope of inventions, industrial designs, or layout designs of the receiving party shall not affect the capacity for using such inventions, industrial designs, or layout designs to the fullest extent of the owner of the protection title;

c) In case the inventions, industrial designs, or layout designs are used for non-commercial purposes, the price for transferring the rights that the receiving party must pay the owner of the protection title shall be 50% of the amount that a non-state receiving party must pay for the receipt of rights to use such inventions, industrial designs, or layout designs with other equivalent conditions.

2. The transfer of rights to use inventions, industrial designs, or layout designs of the State to state organizations prescribed in Clause 1 of this Article shall not affect the rights of the owner of the protection title in the transfer of rights to use the mentioned subjects to non-state organizations.

Article 69. Encouraging social organizations and socio-vocational organizations to engage in industrial property

Social organizations and socio-vocational organizations operating in fields concerning industrial property shall be facilitated to perform social consulting and criticism functions on industrial property and intensified non-public social services to adequately promote the support for the operations of state authorities and holders of industrial property rights.

Article 70. Other measures to encourage creative activities

The State encourages and supports technological creative activities by:

1. Sponsoring technical creative competitions.

2. Commending and disseminating experience, creative measures, and advanced examples of creative labor.

3. Supporting the establishment and protection of industrial property rights regarding the results of creative activities.