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THE PRIME
MINISTER
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THE
SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.: 1068/QD-TTg
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Hanoi, August 22,
2019
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DECISION
APPROVAL
FOR INTELLECTUAL PROPERTY STRATEGY BY 2030
THE PRIME MINISTER
Pursuant to the Law on Organization of
Government dated June 19, 2015;
Pursuant to the Law on Intellectual Property
dated November 29, 2005 and the Law on amendments to certain articles of the
Law on Intellectual Property dated June 19, 2009;
At the request of the Minister of Science and
Technology;
HEREBY DECIDES:
Article 1. The Intellectual Property Strategy by 2030 (hereinafter
referred to as “IP Strategy”) is hereby approved with the following primary
contents:
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1. Develop an intellectual property (IP) system
that is synchronous and efficient in all steps, including creation,
establishment, exploitation and protection, exercise of intellectual property
rights (IPR), to create an environment for innovations, meet international
integration requirements and use IP as an important tool not only to improve
the national competitiveness but also contribute to economic, cultural and
social development.
2. IP policies on copyright, related rights,
industrial property rights and plant variety rights must be considered as an
internal part of national economic, cultural and social development strategies
and policies, and of sectoral development strategies and policies.
3. IP activities are performed with the active
participation by all entities, including research institutes, universities,
individuals performing innovations and especially enterprises that shall play
the leading role in creating and exploiting IP assets.
II. OBJECTIVES
1. By 2030, Vietnam is expected to become one of
leading ASEAN countries in creation, protection and exploitation of IPR.
2. Establishment of industrial property rights and
plant variety rights should be made in a rapid, transparent and impartial
manner to meet the needs of enterprises and the society.
The effectiveness of enforcement of the Law on
intellectual property is markedly improved and the IP infringement has
decreased significantly.
4. New IP assets of Vietnamese individuals and organizations
will increase in both quantity and quality; IP indicators of Vietnam in the
Global Innovation Index (GII) will substantially increase. To be specific:
a) Patent filings and grants are expected to grow
by an average of 16 - 18% per year;
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c) The number of trademark applications is expected
to grow by an average of 8 - 10% per year;
d) The number of applications for plant variety
protection is expected to grow by an average of 12 - 14% per year, of which the
number of applications filed abroad will be accounted for 10 - 12%; Vietnam is
expected to become a Center for plant variety protection by means of
establishing a plant variety protection organization in the ASEAN+ region.
5. Use or implementation of IP will be more
effective and the quantity of IP-intensive products will increase
significantly. To be specific:
a) Exploitation and commercialization of IP assets
will be emphasized and promoted; 8 - 10% of patented inventions will be
commercially exploited; at least 1 – 2 protected plant varieties will be
exploited abroad; the number of enterprises effectively using IP tools in their
business will increase significantly;
b) A number of IP-intensive industries will be
developed, especially targeted and competitively advantaged industries which
are expected to grow rapidly and contribute to GDP growth;
c) Geographical indications, genetic resources,
traditional knowledge, know-how and folklore will be protected and
effectively exploited in business;
d) Cultural industries will be developed based on
the copyright and related rights in order to create more and more diversified
and high-quality creative works; the revenue from the copyright and related
rights-based cultural industries by 2030 is expected to contribute about 7% to
GDP and create more jobs.
III. TASKS AND SOLUTIONS
1. Improve policies and laws on
IP
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b) Include policies and solutions for promoting
creation, establishment, exploitation and protection of IPR in strategies and
policies for scientific and technological development, and innovation, national
economic, cultural and social development policies, and sectoral development
policies;
c) Review and improve IP legal framework and
relevant laws to create a legal environment convenient for creation,
exploitation and protection of IPR, balance interests between entities in the
society and effectively prevent the misuse of IPR with attaching a special
importance to the following:
- Properly handle the relationship between patent
protection and protection of interests of the public, especially in the fields
of pharmaceuticals and agrochemicals; promulgate appropriate regulations so
that the people and other entities in the society may punctually access
essential products and services in public health-related fields such as
healthcare and nutrition or in other emergencies;
- Properly handle the benefits-related relationship
between providers of biological resources, breeding facilities, producers and
traders with paying attention to protection of legitimate rights and benefits
of farmers;
- Develop a mechanism for equitable distribution of
profits between entities involved in the commercialization of the rights to
own, use and benefit from IP assets, especially those created from state-funded
scientific research and technological development activities;
- Ensure effective and transparent operations of
collective management organizations of copyright and related rights in order to
protect legitimate interests of authors and encourage the creation of works;
- Access updated IP issues concerning modern trends
in science and technology from the Fourth Industrial Revolution in order to
propose appropriate amendments to laws;
- Ensure measures for protecting IPR in conformity
with the civil nature of IPR;
- Study and propose sanctions against IP
infringement which should be strong enough to deter the IP infringement and
focus on prevention of counterfeit products;
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d) Improve regulations and laws on IP
assets-related transactions, including capital contribution, secured
transactions, valuation, accounting and auditing of IP assets; promulgate
mechanisms and policies on financing, credit and other incentives to promote
the exploitation of IP assets created from state-funded scientific research and
technological development activities.
2. Improve effectiveness and
efficiency of state management of IP
a) Strengthen regulatory authorities in charge of IP
management in a constructive and efficient manner; determine and strengthen
contact points in charge of IP of relevant central and local-government
regulatory authorities; promote interdisciplinary cooperation mechanism for
state management of IP;
b) Innovate the operating mechanism of authorities
in charge of establishment of industrial property rights and plant variety
rights in an effective manner that must be conformable with the reality and the
change from fee mechanism to price mechanism in rendering public services;
c) Intensify the macro-management of IP assets by
means of:
- Using IP measuring indicators as a management
tool, especially those of the Global Innovation Index (GII) and Global
Competitiveness Index (GCI);
- Building and perfecting IP measuring indicators
in strategies and plans for social and economic development, science and
technology, and innovation;
- Studying and proposing the inclusion of IP
assets-related indicators in the lists of national and sectoral statistical
indicators.
d) Simplify and modernize administrative procedures
and formalities for IP which should be open and transparent;
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e) Make a comprehensive provision of online public
services and digitalize IP data; intensify investment and development of
infrastructure as well as application of new technologies to the establishment,
exploitation and protection of IPR;
g) Establish a system of IP database facilitating a
synchronous connection between regulatory authorities.
3. Promote and enhance the
efficiency of the exercise of IPR
a) Review and assign specific functions and duties,
gradually downsize contact points of authorities competent to impose
administrative penalties for IP infringement;
b) Intensify the cooperation among administrative
authorities and between them and judicial agencies in protecting IPR; cooperate
in doing research on strengthening the role of courts in handling IP cases;
c) Intensify inspection, control and action against
IP infringement, especially those committed in the digital environment;
d) Improve the efficiency of measures for
controlling IP-related imports and exports;
dd) Take the initiative in detecting, preventing
and combating IP crimes; enhance the efficiency of the investigation into IP
criminal cases;
e) Encourage the settlement of IP disputes in the
form of arbitration or conciliation;
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h) Intensify training courses in IP knowledge and
skills for persons in charge of IPR protection tasks;
i) Combine the private sector involvement and
improvement of quality of judicial assistance in the field of IP; develop a
network of IP assessors; promote the development of IP assessment services and
IP legal counseling services.
4. Promote the creation of IP
assets
a) Establish and provide IP information tools and
services, and technology maps to research institutes, universities and
enterprises; establish organizations providing patent analysis and technology
forecasting services to orient science, technology and innovation activities;
b) Use IP measuring indicators as the basis for evaluating
performance of research institutes, universities and enterprises. Research
institutes and universities shall determine subjects requiring IPR from
findings from state-funded researches. Engineering and technological
universities shall carry out procedures for application for protection of
subjects of industrial property rights and rights over new plant varieties and
publish scientific papers of highly applied research findings;
c) Formulate and implement science and technology
programs and assist research institutes and universities in cooperating with
enterprises to create research findings with protected IPR, including the use
of IP tools for developing key industries/fields, competitively advantaged
products and services, and creating source and core technologies;
d) Promote the establishment of innovation centers
in combination with venture capital forms so as to incubate and create IP
assets from the stage of idea creation, research and development of IP assets
to the stage of trial production and establishment of startups; assist startups
in developing technologies and creating high value-added products and services;
dd) Effectively implement the mechanism for
encouraging the participation of individuals in technological innovation and
cultural creation;
e) Instruct enterprises to establish and
effectively exploit commercial indications for their products and services;
assist the application for protection of potential geographical indications.
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a) Establish and develop the network of technology
transfer and IP centers at research institutes, universities and enterprises with
the aim of promoting the creation and exploitation of IP assets;
b) Establish startup ecosystems in universities.
Assist research institutes and universities in establishing enterprises
exploiting IPR to shorten the process of application of research findings to
business and production;
c) Intensify mechanism and policies for development
of IP-intensive industries in order to create reliable and quality products and
promote the export of IP-intensive products;
d) Instruct and assist enterprises in promoting the
use of IP tools in their business; assist Vietnamese individuals and
enterprises in protecting and exploiting IPR abroad;
dd) Develop a strong IP asset market with the aims
of expanding and enhancing quality of intermediary services for intensifying
the connection between supply and demand for IP assets; promote the assessment
and valuation of IP assets which shall be used as the basis for conducting
transactions on the market;
e) Intensify the exploitation and analysis of
patent information to serve the selection and application of suitable
technologies; encourage the application of technologies whose patents have
expired or which are not yet granted patents in Vietnam but are suitable for
production capacity of domestic enterprises;
g) Promote the exploitation and use of creative
products which are the subjects of the copyright or related rights whose
protection period has expired or owned by the State;
h) Intensify the effective management and use of
geographical indications, genetic resources, traditional knowledge, know-how
and folklore in order to exploit the potentiality of advantaged products of
Vietnam;
i) Effectively implement supporting programs for
small and medium-sized enterprises in exploitation of IP assets.
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a) Expand and improve quality of services rendered
by professional consulting organizations, attach special importance to the
development of IP consulting centers at research institutes and universities;
b) Promote the development of IP assistance
services and improve quality of IP services;
c) Improve operational efficiency of associations
in assistance and implementation of creative activities, establishment,
exploitation and protection of IPR;
d) Increase capacity and investment in material
facilities for improving operational efficiency of collective management
organizations of copyright and related rights, meeting social needs and
ensuring equitable benefits of related parties;
dd) Mobilize social resources for developing an IP
system for providing resources for the State, and encourage non-government
organizations to perform non-business IP activities;
e) Establish criteria for standardization of IP
services; perfect the system for management and supervision of IP services,
especially intermediary services.
7. Mobilize resources for IP
activities
a) Formulate an IP resource development master
plan, in which the training for highly skilled human resources shall be given a
special importance; attract domestic and foreign highly-skilled human resources
to perform IP activities;
b) Focus on training in operational skills and
improving quality of human resources of regulatory authorities and IPR
protection organizations;
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8. Develop an IP culture
a) Disseminate information on mass media with the
aims of raising awareness about IP and encourage innovation; develop an
awareness of respecting and protecting IPR, and build an IP culture;
b) Formulate and implement IP training programs in
training and education institutions, especially higher education institutions.
9. Take the initiative in
international integration and cooperation in the IP field
a) Promote international integration and
cooperation in the IP field, take the full advantage of assistance from foreign
IP organizations and international organizations in order to promptly improve
the capacity of the national IP system and keep pace with the international IP
development and levels;
b) Enter into international conventions on IP in
conformity with the actual conditions and development of Vietnam; participate
in the compilation of IPR protection standards under the framework of
international conventions;
c) Take the initiative in participating in IP
programs launched by international organizations.
Article 2. Implementation
organization
1. The Ministry of Science and Technology shall:
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- Implement tasks, solutions and/or projects
relating to the IP field.
2. The Ministry of Culture, Sports and Tourism
shall implement tasks, solutions and/or projects relating to copyright, related
rights and cultural industries.
3. The Ministry of Agriculture and Rural
Development shall implement tasks, solutions and/or projects relating to IP
regarding new plant varieties and agriculture.
4. The Ministry of Industry and Trade and the
Ministry of Education and Training shall, within the ambit of their assigned
functions, duties and powers, provide specific guidance on and organize the
implementation of relevant tasks, solutions and projects of the IP Strategy.
5. The Ministry of Finance and the Ministry of
Planning and Investment shall balance and allocate funding for the IP Strategy
in accordance with regulations of law.
6. Ministries, ministerial agencies, Governmental
agencies and People's Committees of provinces and central-affiliated cities
shall promote the compliance with regulations on IP within the ambit of their
assigned functions and duties.
7. Relevant ministries and regulatory authorities
shall, within the ambit of their assigned functions and duties, organize the
implementation of the IP Strategy in accordance with regulations of law.
8. People's Committees of provinces and
central-affiliated cities shall organize the implementation of the IP Strategy
which should be in line with the implementation of local social – economic
development plans.
Article 3. This Decision comes into force from the day on which it is
signed.
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THE PRIME
MINISTER
Nguyen Xuan Phuc
APPENDIX
LIST OF TASKS AND PROJECTS OF THE INTELLECTUAL PROPERTY
STRATEGY BY 2030 GIVEN PRIORITY IN THE PERIOD BY 2025
(Enclosed with
the Prime Minister’s Decision No. 1068/QD-TTg dated August 22, 2019)
No.
Contents
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Presiding authority
Cooperating authorities
Submission time
1
Amendments to the Law
on intellectual property, relevant laws and guiding documents
Competent authority
Ministry of Science and
Technology
- Ministry of Culture,
Sports and Tourism
- Ministry of
Agriculture and Rural Development
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2021
2
Entering into WIPO
Copyright Treaty (WCT), WIPO Performances and
Phonograms Treaty (WPPT) and other international treaties on
copyright and related rights
Competent authority
Ministry of Culture,
Sports and Tourism
Relevant ministries and
regulatory authorities
2022
3
Project on compilation
of database of copyright, related rights and software for management and
detection of violations in digital and Internet environment
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Ministry of Culture,
Sports and Tourism
- Ministry of
Information and Communications
- Relevant ministries
and local governments
2022
4
Project on improvement
of capacity for protection, management and exploitation of plant variety
rights and other IP assets in agriculture
Prime Minister
Ministry of Agriculture
and Rural Development
- Ministry of
Finance
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2020
5
Program for development
of IP assets
Prime Minister
Ministry of Science and
Technology
- Ministry of Finance
- Ministry of
Agriculture and Rural Development
- Ministry of Culture,
Sports and Tourism
- Ministry of
Industry and Trade
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2020
6
Project on enhancement
of IP activities and association with enterprises by higher education
institutions, and formulation and organization of training course in IP in
training institutions
Prime Minister
Ministry of Education
and Training
- Ministry of Labour,
War Invalids and Social Affairs
- Ministry of Science
and Technology
- Ministry of Culture,
Sports and Tourism
- Ministry of Finance
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2022
7
Project on development
of some IP-intensive industries
Prime Minister
Ministry of Industry
and Trade
- Ministry of Culture,
Sports and Tourism
- Ministry of
Agriculture and Rural Development
- Ministry of Health
- Ministry of
Information and Communications
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- Relevant ministries
and local governments
2023
8
Project on improvement
of capacity of market surveillance authorities for imposing administrative
penalties for IP infringement
Prime Minister
Ministry of Industry
and Trade
- Relevant ministries
and local governments
2022