Decree No. 122/2010/ND-CP dated December 31, 2010 of the Government amending and supplementing a number of articles of the government's Decree No. 103/ 2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual property regarding industrial property

GOVERNMENT SUPPLEMENTS REGULATIONS ON CONFIDENTIAL INVENTIONS

On December 31, 2010, the Government issued the Decree No. 122/2010/ND-CP amending and supplementing a number of Articles of the Government's Decree No. 103/ 2006/ND-CP dated September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual Property regarding industrial property.

The Minister of Public Security and the Minister of National Defense may utilize or assign organizations or individuals to utilize confidential inventions for the national defense or security purpose under Articles 145.146 and 147 of the Law on intellectual Property..

Confidential inventions; confidential invention protection titles; contents of and limitations on rights to confidential inventions. Inventions which are classified by competent slate agencies as state secrets in the field of national defense and security under the law on protection of state secrets are referred to as confidential inventions. Confidential inventions may only be granted confidential invention patents or confidential utility solution patents. Confidential invention registration applications, confidential invention patents and confidential utility solution patents may not be disclosed and must be kept confidential under the law on protection of state secrets.

After a confidential invention is disclosed by a competent agency under the law on protection of state secrets, its registration application and protection title shall be handled as the confidential invention application shall be further processed like an invention application; the confidential invention patent or confidential utility solution patent shall be converted into an invention patent or utility solution patent and published in the Industrial Property Official Gazette and recorded in the National Register of Inventions.