Part two
STATE MANAGEMENT OF INTELLECTUAL PROPERTY
Article 4. Uniform principle of state management of intellectual property
The organization of the state management of intellectual property prescribed in Article 10 and Article 11 of the Law on Intellectual Property shall be based on the uniform principles of objectives, contents, and measures under the general directive of the Government of Vietnam with specific assignment of responsibilities and strict cooperation between ministries, ministerial agencies, governmental agencies, and People's Committees of all levels.
Article 5. Responsibility for taking charge and cooperating in state management of intellectual property
1. The Ministry of Science and Technology of Vietnam shall take charge and cooperate with the Ministry of Culture, Sports and Tourism of Vietnam, the Ministry of Agriculture and Rural Development of Vietnam, ministerial agencies, governmental agencies, People’s Committees of all levels, and relevant agencies in performing the following activities to ensure the uniform state management of intellectual property:
a) Developing, promulgating, and organizing the implementation of general strategies, policies, and legal documents on the protection of intellectual property rights or presenting them to competent authorities for promulgation.
b) Monitoring, urging, and inspecting the implementation of general tasks of industrial property assigned to ministries, ministerial agencies, governmental agencies, and People’s Committees of all levels by the National Assembly of Vietnam or the Government of Vietnam as prescribed in Article 10 and Article 11 of the Law on Intellectual Property and this Decree;
c) Summarizing, assessing, and reporting on the performance of the protection of intellectual property rights to the Government of Vietnam, proposing specific policies and measures to improve the efficiency of the intellectual property system, and ensuring the uniform state management of intellectual property;
d) Developing and directing the implementation of general programs and schemes for the protection of intellectual property rights, measures to cooperate between intellectual property right protection authorities;
dd) Negotiating and concluding the participation in and implementation of general international treaties on intellectual property; proposing the settlement of national disputes concerning intellectual property in international relationships;
e) Developing the database system and establishing the national information network on state management of intellectual property and protection of intellectual property rights.
2. The Ministry of Culture, Sports and Tourism of Vietnam shall cooperate with the Ministry of Science and Technology of Vietnam in performing tasks prescribed in Clause 1 of this Article; ensure the implementation of state management of copyrights and related rights and ensure that policies, strategies, and legal documents on copyrights and related rights are in uniformity with general policies, strategies, and legal documents on intellectual property; periodically or irregularly provide information on state management and protection of intellectual property rights for the Ministry of Science and Technology of Vietnam for cooperation in handling arising issues and summarization for report to the Prime Minister of Vietnam.
3. The Ministry of Agriculture and Rural Development of Vietnam shall cooperate with the Ministry of Science and Technology in performing tasks prescribed in Clause 1 of this Article; ensure the implementation of state management of rights to plant varieties and ensure that policies, strategies, and legal documents on the protection of rights to plant varieties are in uniformity with general policies, strategies, and legal documents on intellectual property; periodically or irregularly provide information on state management and protection of intellectual property rights for the Ministry of Science and Technology of Vietnam for cooperation in handling arising issues and summarization for report to the Prime Minister of Vietnam.
Article 6. Responsibilities of the Ministry of Science and Technology of Vietnam regarding industrial property
The Ministry of Science and Technology of Vietnam shall:
1. Develop and organize the implementation of strategies and policies on the protection of industrial property rights.
2. Promulgate and organize the implementation of legal documents on industrial property or present them to competent authorities for promulgation.
3. Organize the system of agencies performing the state management of industrial property.
4. Provide professional guidance, training, and advanced training in industrial property.
5. Organize the establishment of industrial property rights, registration of contracts of transfer of industrial property rights, and performance of other procedures concerning protection titles of industrial property rights.
6. Exercise rights to compulsory transfer of invention licensing rights according to Article 147 of the Law on Intellectual Property.
7. Take charge or cooperate in implementing measures to protect legitimate rights and benefits of organizations, individuals, the State, and society regarding industrial property.
8. Manage the industrial property assessment and the issuance of industrial property assessor cards.
9. Inspect compliance with industrial property laws; settle complaints and denunciations, and handle violations against industrial property laws.
10. Organize informative and statistical operations on industrial property; manage and organize operations concerning national databases on industrial property.
11. Organize the education, dissemination, and universalization of knowledge, policies, and laws on industrial property.
12. Manage the activities of industrial property representatives; issue practicing certificates of industrial property representative services.
13. Perform international cooperation in industrial property; propose the settlement of disputes between Vietnam and other countries over industrial property.
14. Perform other tasks assigned by the Government of Vietnam.
Article 7. Cooperation in state management of intellectual property
1. The Ministry of Science and Technology of Vietnam shall take charge and cooperate with the Ministry of Culture, Sports and Tourism of Vietnam, the Ministry of Agriculture and Rural Development of Vietnam, and relevant agencies in protecting, inspecting, and handling infringements on intellectual property rights.
2. Intellectual property authorities shall provide adequate and timely answers for requests from authorities of intellectual property right infringement handling.
3. Intellectual property authorities shall participate in inspectorates or inspection delegations upon requests to serve the inspection.
Article 8. Responsibilities of ministries, ministerial agencies, governmental agencies, and People’s Committees of provinces and centrally affiliated cities regarding intellectual property
Ministries, ministerial agencies, governmental agencies, and People’s Committees of provinces and centrally affiliated cities shall, within their scope of functions and tasks, cooperate with the Ministry of Science and Technology of Vietnam, the Ministry of Culture, Sports and Tourism of Vietnam, and The Ministry of Agriculture and Rural Development of Vietnam in:
1. Performing tasks prescribed in Clause 1 Article 5 of this Decree and directly performing specific tasks assigned by the Government of Vietnam.
2. Ensuring the local implementation of policies and laws on intellectual property in conformity and compliance with the Law on Intellectual Property and its guiding documents.
3. Periodically or irregularly provide information on state management and protection of intellectual property rights for the Ministry of Science and Technology of Vietnam for cooperation in handling arising issues and summarization for report to the Prime Minister of Vietnam.
Article 9. Responsibilities of ministries, ministerial agencies, governmental agencies, and People’s Committees of provinces and centrally affiliated cities regarding industrial property
1. Regarding the state management of local industrial property, People’s Committees of the provinces and centrally affiliated cities shall:
a) Organize the implementation of policies and laws on industrial property;
b) Develop, issue, and organize the implementation of local regulations on industrial property;
c) Organize the management system of local industrial property and perform measures to improve the efficiency of such a system;
d) Disseminate and universalize knowledge, policies, and laws on industrial property, perform measures to promote industrial property;
dd) Guide and support organizations and individuals in performing industrial property procedures;
e) Cooperate with relevant agencies in protecting industrial property rights and handling violations against industrial property laws;
e) Inspecting compliance with industrial property laws and settling complaints and denunciations of local industrial property;
h) Manage local geographical indications, including location names and other signs indicating the geographical origin of local specialties;
i) Conduct international cooperation in local industrial property.
2. Ministries, ministerial agencies, and governmental agencies shall organize and direct the implementation of industrial property laws and manage the subject matters of industrial property under their management.
Tìm kiếm
Nghị định 65/2023/NĐ-CP (Bản Word)