Decision No. 2205/QD-TTg 2020 Program on Development of Intellectual Assets through 2030

DECISION

Approving the Program on Development of Intellectual Assets through 2030

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THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government, and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the November 29, 2005 Law on Intellectual Property, the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property, and the June 14, 2019 Law Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property;

Pursuant to the Prime Minister’s Decision No. 1068/QD-TTg of August 22, 2019, approving the Intellectual Property Strategy through 2030;

At the proposal of the Minister of Science and Technology.

DECIDES:

Article 1. To approve the Program on Development of Intellectual Assets through 2030 (below referred to as the Program) with the following contents:

I. OBJECTIVES AND TARGETS

1. General objectives: To utilize intellectual property as an important tool to improve the national competitiveness, create an environment inducive to innovation, and promote economic, cultural and social development.

2. Targets

a/ By 2025:

- All universities and research institutes will be provided with information for improvement of their awareness about, and support for protection of, intellectual property rights to their scientific research and innovation outcomes;

- At least 40% of domestic products will be recognized as national products, national key products, provincial-level key or special products or services or products associated with the One Commune One Product (OCOP) Program entitled to support for registration for protection, management and development of intellectual assets, control of origin and quality of products after they are protected.

b/ By 2030:

- Number of applications for registration for protection of inventions of research institutes and universities will increase by 16-18% on annual average; number of applications for registration for protection of plant varieties will increase by 12-14% in average;

- At least 60% of domestic products will be recognized as national products, national key products, provincial-level key or special products or services or products associated with the One Commune One Product (OCOP) Program entitled to support for registration for protection, management and development of intellectual assets, control of origin and quality of products after they are protected.

- Number of applications for registration of trademarks of Vietnamese enterprises will increase by 8-10% on annual average.

II. CONTENTS OF THE PROGRAM

1. Intensifying activities that create intellectual assets and improve quality of human resources for innovation and intellectual property

a/ To develop a database and tools and provide intellectual property information services and invention maps; to provide support for search for and utilization of intellectual property information to scientific and technological organizations and innovative startups in order to create protectable intellectual assets and highly useful scientific papers.

b/ To support the establishment and development of organizations providing services of analyzing invention information and forecasting technology development trends.

c/ To formulate and implement programs on training and further training in intellectual property from basic level to advanced level suitable to different groups of trainees.

2. Stepping up the registration for protection of intellectual assets at home and abroad

a/ To register for protection of inventions, industrial designs and trademarks of organizations and individuals; to register for protection and recognition of new plant varieties.

b/ To register for protection of geographical indications, certification marks or collective marks for national products, local key and special products or services or products associated with the OCOP Program.

c/ To register for domestic and international protection of national geographical indication symbols.

3. Improving effectiveness of the management, utilization and development of intellectual assets

a/ To build and operate the system of management of geographical indications, certification marks, collective marks and products under the OCOP Program in association with registration of cultivation area codes, food safety, quality certification and verification and tracing of origins of protected products.

b/ To utilize and develop geographical indications, certification marks, collective marks and products associated with the OCOP Program toward cooperation and association in production associated with sale of protected products in value chains; to introduce, promote and organize other trade promotion activities so as to utilize and develop value of, intellectual assets.

c/ To implement regulations on management and use of national geographical indication symbols and provide support for use of such symbols at home and abroad.

d/ To utilize protected Vietnamese inventions and utility solutions and foreign inventions that remain unprotected or are no longer protected in Vietnam.

dd/ To manage intellectual assets of enterprises and scientific and technological organizations; to provide support and consultancy for valuation and audit of intellectual assets, particularly inventions, trade names and marks.

4. Stepping up, and improving effectiveness of, enforcement and fighting against infringement upon intellectual protection rights      

a/ To provide support for implementation of measures to protect and improve effectiveness of the enforcement of intellectual property rights.

b/ To display, introduce and exhibit products eligible for protection of intellectual property rights together with products infringing upon intellectual property rights.

5. Developing, and raising capacity for, intermediary organizations and intellectual property rights holders

a/ To raise capacity of intermediary organizations participating in the control and management of products protected as geographical indications, certification marks or collective marks.

b/ To raise capacity and operation effectiveness of entities managing and using geographical indications, certification marks, collective marks and plant varieties; organizations representing, managing and holding copyright and related rights.

c/ To develop services of intellectual property examination, consultancy on management and development of intellectual assets of enterprises, research institutes and universities.

6. Forming and building an intellectual property culture in society

a/ To carry out public communications in the mass media to improve the awareness about intellectual property in order to promote innovation and build the sense of responsibility to respect intellectual property rights.

b/ To compile and distribute documents on intellectual property rights.

c/ To create and operate software and applications on electronic and mobile devices to provide information, assistance and consultancy on intellectual property.

d/ To honor, commend and reward collectives and individuals that have recorded merits in intellectual property activities.

III. FUNDS FOR PROGRAM IMPLEMENTATION  

1. Funds for program implementation include state budget allocations, contributions of enterprises and other lawful sources and shall be allocated and used according to state budget decentralization specified in the Law on the State Budget and guiding documents.

2. Ministries, agencies and localities that make annual state budget estimates and manage funds for program implementation shall carry out general activities, regular tasks under the Program and tasks of realizing targets set forth in the Program in accordance with current regulations on the state budget and relevant regulations.

Article 2. Responsibilities of agencies organizing the implementation of the Program

1. The Ministry of Science and Technology

a/ To assume the prime responsibility for, and administer, manage and organize general and regular activities of the Program. As the standing agency of the Program, the Intellectual Property Office of Vietnam of the Ministry of Science and Technology shall organize a section to act as the focal point for implementation of the Program on the basis of balancing and adjusting existing human resources of the Intellectual Property Office of Vietnam.

b/ To promulgate regulations on management of implementation of the Program in the first quarter of 2021; to guide and assist ministries, agencies and localities in formulating plans and organizing the implementation of the Program.

c/ To manage and implement contents of the Program under regulations on management of national scientific and technologies tasks (subjects, projects and schemes).

d/ To organize activities of honoring, commending and rewarding collectives and individuals that record merits in intellectual property activities.

dd/ To organize preliminary review of the Program in 2025 and final review in 2030.

e/ To assume the prime responsibility for, and coordinate with related agencies in inspecting the implementation of this Decision.

2. The Ministry of Finance

a/ To promulgate regulations on financial management of implementation of the Program in the second quarter of 2021.

b/ To base itself on contents of the Program and proposals of the Ministry of Science and Technology to make and propose to the competent authority for decision state budget estimates for implementation of the Program in accordance with the Law on the State Budget and annual balancing capacity of the state budget.

3. The Ministries of Education and Training; Agriculture and Rural Development; and Culture, Sports and Tourism shall

a/ Designate their focal points for implementation of the Program.

b/ Formulate and implement 5-year and annual plans on performance of tasks of the Program in integration with national target programs, national programs and socio-economic development programs in order to implement intellectual property-related tasks and solutions under their management.

c/ Organize the implementation of contents of the Program under regulations on management of ministerial-level scientific and technological tasks (subjects, projects and schemes).

4. Other ministries and agencies shall, within the ambit of their state management powers and responsibilities, actively coordinate with the Ministry of Science and Technology and localities in organizing effective implementation of this Program.

5. Provincial-level People’s Committees

a/ To make plans on, approve and allocate funds for, implementation of the Program in their localities.

b/ To organize general and regular activities in order to direct, manage and organize the implementation of the Program in their localities; to manage and implement tasks of the Program under regulations on management of provincial-level scientific and technological tasks (subjects, projects and schemes).

c/ To integrate the implementation of tasks of the Program with national target programs, national programs and other socio-economic development programs under their management in order to raise efficiency of the protection, management, utilization and development of intellectual assets for key and special products and services of their localities and enterprises.

6. The Vietnam Chamber of Commerce and Industry, Cooperative Union of Vietnam, Vietnam Association of Small- and Medium-Sized Enterprises and enterprises associations at the central and local levels

a/ To organize communication and dissemination of knowledge about and provide training in protection, management and utilization of intellectual property rights and management of intellectual assets of enterprises; to guide and introduce enterprises and their members to participate in activities of the Program.

b/ To coordinate with ministries, sectors and localities in organizing communication and dissemination of knowledge about intellectual property among enterprises; to honor, commend and reward collectives and individuals that record remits in intellectual property activities.

7. The State shall encourage enterprises to take the initiative in placing orders to, and associating and cooperating with, research institutes and universities in utilizing and developing intellectual assets and shortening the process of applying research results to production and business.

Article 3. Effect       

1. This Decision takes effect on the date of its signing.

2. The Ministry of Science and Technology and provincial-level People’s Committees shall organize review and evaluation of implementation results of the Program and approved tasks under the Program on development of intellectual assets in the 2016-2020 period. They may consider and decide on prolonging implementation deadlines for some specific tasks for continued implementation in the 2021-2030 period according to their competence and relevant regulations.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies and organizations shall implement this Decision.

For the Prime Minister

Deputy Prime Minister

VU DUC DAM