Decision No. 68/2005/QD-TTg dated April 04, 2005 of the Prime Minister approving the program in support of development of enterprises’ intellectual properties

DECISION

APPROVING THE PROGRAM IN SUPPORT OF DEVELOPMENT OF ENTERPRISES’ INTELLECTUAL PROPERTIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Minister of Science and Technology,

DECIDES:

Article 1. To approve the program in support of development of enterprises' intellectual properties with the following major contents:

1. Program's objectives:

a) To raise the Vietnamese enterprises' awareness about intellectual property protection so that they can take initiative in building, exploiting, developing and protecting their intellectual properties;

b) To raise the Vietnamese enterprises' competitiveness through support in terms of creation, exploitation, protection and development of their intellectual properties, with priority given to support for enterprises having strategic products with export potential.

2. Program's contents:

a) To propagate and train on intellectual property, support enterprises in organizing intellectual property activities:

- To propagate intellectual property knowledge for enterprises in special intellectual property columns and programs reserved for enterprises on central, ministerial, branch and/or local mass media;

- To organize workshops and professional training courses on intellectual property for intellectual-property managerial officials and enterprises managed by ministries, branches or localities;

- To compile and issue intellectual-property guiding documents for enterprises;

- To assist enterprises in organizing intellectual property activities: to guide the elaboration and implementation of policies and strategies on intellectual property activities within the enterprises (including organizational structures, personnel, investment, necessary activities for creating, establishing, exploiting and protecting their intellectual properties, avoiding infringement of intellectual property rights of other organizations or persons);

- To establish and operate mechanisms of standing bodies which guide and assist enterprises in intellectual property registration.

b) To support the creation, exploitation, protection and development of intellectual properties of enterprises at home and abroad:

- To provide intellectual property information for enterprises to create, exploit, develop and protect the value of intellectual property objects: to compile and issue documents guiding intellectual property registration at home and abroad; to provide, and guide the exploitation of, information sources of domestic and foreign intellectual property systems;

- To assist enterprises in designing, registering for protection, exploiting and developing the value of, trademarks and industrial designs: to disseminate knowledge and requirements on designing, protection registration, exploitation and development of value of trademarks and industrial designs; to support activities of advertising and displaying trademarked products and services;

- To assist enterprises in building and developing intellectual properties for geographical indications in support of evaluation of local specialties in order to determine the necessity of protection; to determine subjects of the right to use geographical indications; to determine particularities of products bearing geographical names; to select protection forms and carry out procedures for establishment of rights; to manage the use of geographical indications and develop the value of geographical indications;

- To assist enterprises in building and developing intellectual properties with regard to scientific-technological creations: to encourage creative labor within enterprises; to employ intellectual property information in scientific-technological research and creation; to create, exploit and protect intellectual properties for products of scientific-technological creation;

- To assist enterprises in registering for protection, managing, exploiting and developing the value of new plant varieties: to advise and guide enterprises to register for protection, exploit, and manage the exploitation of, new plant varieties; to support activities of advertising and displaying new plant varieties;

- To assist enterprises in registering for protection, exploiting and developing the value of computer software and literary and artistic works: to advise and guide enterprises to register for protection, exploit and take measures to combat the illegal copying or use of computer software or literary and artistic works; to support activities of advertising and displaying computer software and literary and artistic works.

c) To assist enterprises in exploiting intellectual property information:

- To build and regularly update intellectual-property databases and information products in service of enterprises' demands;

- To organize and guide the exploitation of available information sources;

- To organize information provision services at enterprises' requests;

- To train skills on searching for intellectual-property information for enterprises.

Article 2. Program implementation organization

1. Program implementation duration: 2005-2010.

2. Program Steering Committee

a) The Program Steering Committee shall be set up by the Minister of Science and Technology, having the responsibility to assist the Minister of Science and Technology in directing the organization of implementation of the program.

b) The Program Steering Committee shall be composed of:

The head being a vice minister of Science and Technology;

- Members, including representatives of the leaderships of the Ministry of Finance, the Ministry of Culture and Information, the Ministry of Industry, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, the Ministry of Health, the Ministry of Trade, the Ministry of Education and Training, and the Ministry of Justice.

c) The Program Steering Committee shall operate under its Regulation issued by the Minister of Science and Technology.

3. Program implementation organization:

a) The managing agency: The Ministry of Science and Technology;

b) The coordinating agencies: The Ministry of Finance, the Ministry of Culture and Information, the Ministry of Industry, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, the Ministry of Health, the Ministry of Trade, and the Ministry of Education and Training, the provincial/municipal People's Committees; Vietnam Chamber of Commerce and Industry, associations, and relevant branch and trade societies;

c) The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, studying and formulating the financial management mechanism applicable to the program according to current regulations.

4. Program implementation organization plans and measures

a) Program implementation plan:

- 2005-2006: To guide the formulation and implementation of the program's contents. To select, and concentrate efforts on directing execution of, several pilot projects;

- 2006-2010: To continue guiding the formulation and implementation of the program's contents. To disseminate and widely apply models of pilot projects;

- 2007: To preliminarily review the implementation of the program;

- 2010: To finally review the results of implementation of the program.

b) Measures to organize implementation of the program:

The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Finance in guiding the formulation of projects on implementation of the program's contents, and organizing the approval, pre-acceptance test and evaluation of results of implementation of these projects; and annually, make reports on evaluation of results of implementation of the program.

5. Program management mechanism

The Minister of Science and Technology shall have to elaborate the program management mechanism and submit it to the Prime Minister for approval.

Article 3. Funds for implementation of the program

1. Funding sources for implementation of the program:

a) The state budget (central budget and local budgets).

b) Contributions mobilized from domestic and foreign organizations and individuals.

2. Annually, the Ministry of Finance shall consult the Ministry of Science and Technology on determining the levels of central budget supports for implementation of the program according to the provisions of the State Budget Law.

3. The provincial/municipal People's Committees shall approve local budget funds for implementation of the program.

4. The agencies defined at Point b, Clause 3, Article 2 of this Decision shall have to mobilize contributions of domestic and foreign organizations and individuals for implementation of the program's contents assigned to them.

Article 4. This Decision takes effect 15 days after its publication in the Official Gazette.

Article 5. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the provincial/municipal People's Committees, professional associations, and relevant organizations shall have to implement this Decision.