Circular No. 17/2017/TT-BKHCN dated December 29, 2017 of the Ministry of Science and Technology on management of intellectual property development program during 2017 - 2020

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Circular No. 17/2017/TT-BKHCN dated December 29, 2017 of the Ministry of Science and Technology on management of intellectual property development program during 2017 - 2020
Issuing body: Ministry of Science and TechnologyEffective date:
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Official number:17/2017/TT-BKHCNSigner:Pham Cong Tac
Type:CircularExpiry date:
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Issuing date:29/12/2017Effect status:
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Fields:Intellectual property
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THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No.  17/2017/TT-BKHCN dated December 29, 2017 of the Ministry of Science and Technology on management of intellectual property development program during 2017 - 2020

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Intellectual Property dated November 29, 2005 and the Law on amendments to some Articles of the Law on Intellectual Property dated June 19, 2009;

Pursuant to the Government’s Decree No. 08/2014/ND-CP dated January 27, 2014 elaborating and providing guidelines for some Articles of the Law on Science and Technology;

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 defining functions, tasks, entitlements and organizational structure  of the Ministry of Science and Technology;

Implementing the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016 on approval for the intellectual property development program 2017 - 2020;

At the request of the Director of National Office of Intellectual Property of Vietnam and Director of Department of Legal Affairs,

The Minister of Science and Technology hereby promulgates a Circular on management of intellectual property development program during 2017 - 2020.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Circular provides for compilation and approval for the list of assigned projects; selection/direct assignment of an organization presiding over a project (hereinafter referred to as “the presiding organization”); signing project execution contract; project inspection and adjustment; assessment and commissioning of project results (hereinafter referred to as “project assessment and commissioning”) and organization of general activities included in the intellectual property development program 2016 - 2020 approved in the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016 (hereinafter referred to as “the Program”).

2. This Circular applies to organizations and individuals executing and participating in the Program; regulatory authorities and relevant organizations and individuals.

Article 2. Tasks included in the Program

Tasks included in the Program include general activities and projects.

1. General activities included in the Program are proposing and performing the following tasks:

a) Tasks prescribed in Clauses 1 and 2 Section III Article 1 of the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016;

b) Provision of assistance in domestically registering protection of scientific research findings and  product design prescribed in Clause 2 Section II Article 1 of the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016;

c) Provision of counseling and assistance in establishment of intellectual property rights of individuals that have ideas, technical solutions and other achievements; honoring and rewarding individuals whose intellectual property and achievements are widely applied and bring real benefits to the community and society prescribed in Clause 4 Section II Article 1 of the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016;

2. Projects included in the Program are science and technology tasks and are aimed at performing the activities prescribed in Section II Article 1 of the Prime Minister’s Decision No. 1062/QD-TTg dated June 14, 2016, except for the tasks prescribed in Points b and c Clause 1 of this Article.

Article 3. Grouping projects included in the Program and code thereof

1. Grouping projects included in the Program

Projects included in the Program are divided into 2 groups:

a) The project under the management of the central government (hereinafter referred to as “the central government project”) is a project that is set up and executed using a typical or complicated and specialized model;

b) The project under the management of the local government (hereinafter referred to as “the local government project”) is a project that is set up and executed according to result of use of the model that are commissioned or aimed at addressing the issues concerning local business and production development and is within the local government’s capacity for management.

2. The Minister of Science and Technology shall decide to group projects according to comments from the advisory council on determination of the projects included in the Program (hereinafter referred to as “the advisory council on project determination”).

3. Code of projects included in the Program

Projects included in the Program shall be coded as follows:

SHTT.TW(DP).XX-20YY, where:

a) SHTT: general symbol for the project included in the Program;

b) TW: symbol for the central government project;

c) DP: symbol for the local government project;

d) XX: the ordinal number of the project;

dd) YY: the last two digits of the year in which the project starts to be executed.

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