Directive No. 18/2004/CT-BKHCN on Strengthening the Enforcement of Intellectual Property Rights and Management of Product Quality for Domestic Circulation and Import-Export Goods

DIRECTIVE

Regarding strengthening the implementation of intellectual property rights and management of product and commodity quality circulating domestically and imported/exported goods
In recent years, activities to protect intellectual property rights, including issuing regulatory legal documents, establishing intellectual property rights, and organizing enforcement have been intensified. The legal system has become increasingly stringent and consistent with international practices, procedures for establishing intellectual property rights have become faster and simpler, and many acts infringing on intellectual property rights have been dealt with.
Management activities of the State regarding the quality of products and commodities circulating in the market have been strengthened, and the management of the quality of exported/imported goods has been given appropriate attention.

THE MINISTER OF SCIENCE AND TECHNOLOGY

The Ministry of Science and Technology, with its function of unified state management over intellectual property and the quality of products and commodities circulating domestically and imported/exported goods, has directed agencies under the Ministry of Science and Technology and Provincial Departments of Science and Technology to carry out numerous activities to enhance the effectiveness of state management over intellectual property and product quality, serving economic and social development and international economic integration. To meet the urgent requirements of management and enforcement concerning intellectual property rights and product quality, the Ministry of Science and Technology established a Working Group on Intellectual Property Rights Enforcement and Product Quality Management in circulation on the market and export/import (hereinafter referred to as the Working Group), headed by a Deputy Minister of the Ministry of Science and Technology.

However, in light of the widespread violations of intellectual property and product quality circulating in the market and imported/exported goods, which at times and places reach serious levels, affecting the legitimate rights and interests of intellectual property owners, consumer benefits, and fair competition among businesses in domestic and international markets, to rectify this situation and meet the urgent requirements for effectively enforcing intellectual property rights and managing product quality in the context of integration, the Minister of Science and Technology issues the following directive:

The Legal Affairs Department shall organize the dissemination and popularization of laws on intellectual property and product quality management; raise awareness about the importance of these tasks in the state management functions of the Ministry of Science and Technology and Provincial Departments of Science and Technology; and simultaneously develop plans to disseminate through mass media the role of intellectual property rights enforcement and product quality management for enterprises and consumers, aiming to mobilize societal participation in combating acts of producing and trading counterfeit goods related to intellectual property and quality.

The Inspectorate shall coordinate with the General Bureau of Standards-Measurement-Quality, the Intellectual Property Office, and Provincial Departments of Science and Technology to develop plans and intensively and regularly conduct inspections, examinations, and handling of administrative violations related to intellectual property and product quality circulating in the market and imported/exported goods.

1. The General Bureau of Standards-Measurement-Quality shall develop a plan for managing the quality of products and commodities circulating in the market and imported/exported goods. The Intellectual Property Office shall develop a plan for enforcing intellectual property rights for submission to the Prime Minister for approval and promptly organize and implement the operation of the Intellectual Property Office's representative office in Central and Southern regions, to be completed in 2004.

2. The General Bureau of Standards-Measurement-Quality, the Intellectual Property Office, and the International Cooperation Department shall cooperate in preparing proposals to participate in resolving international disputes in the two aforementioned fields.

3. The Planning-Finance Department, the International Cooperation Department, and the Office of the Ministry within their respective functions and responsibilities shall cooperate with units under the Ministry and Provincial Departments of Science and Technology to ensure conditions for effective enforcement of intellectual property rights and management of product quality in the future.

The Scientific Development Newspaper, the Science Activities Journal, and journals of the General Bureau of Standards-Measurement-Quality and Provincial Departments of Science and Technology shall develop specific plans to disseminate regulations and situations regarding the enforcement of intellectual property rights and product quality management, regularly reporting on the handling of cases to prevent violations.

4. Provincial Departments of Science and Technology need to organize well the state management of intellectual property and product quality; strengthen guidance to production and business establishments on publishing product quality standards, declaring products that meet quality standards, and guiding registration for establishing intellectual property rights; and simultaneously develop plans and organize effective inspection and examination activities against infringement of intellectual property rights and production and trade of fake and low-quality goods. Provincial Departments of Science and Technology should appropriately pay attention to improving and supplementing staff with good qualities and capabilities for inspection and quality management organizations to enhance the effectiveness of inspection and examination activities; proactively develop plans and coordinate with local forces such as Market Management, Economic Police, and relevant departments responsible for product quality management to organize inspections and examinations against infringement of intellectual property rights and fake and low-quality goods. Provincial Departments of Science and Technology need to establish permanent units to serve as focal points for compiling situations and reporting to the Ministry of Science and Technology monthly or urgently as needed.

5The Science and Development Newspaper, the Science Activities Journal, the journals of the General Department of Standards-Measurement-Quality and the Science and Technology Departments shall have specific plans to disseminate regulations and report on the implementation of intellectual property rights and product quality management, regularly reporting on the handling of cases to prevent violations.

6. The Science and Technology Departments must effectively organize state management of intellectual property rights and product quality; strengthen activities guiding production and business establishments to publish product quality standards, announce products that meet quality standards, guide registration for establishing intellectual property rights; at the same time, develop plans and implement well the work of inspection and supervision to prevent infringement of intellectual property rights, production and sale of counterfeit and substandard goods. The Science and Technology Departments should pay due attention to improving and supplementing staff with appropriate qualities and capabilities for inspection organizations and quality management to enhance the effectiveness of inspection and supervision activities; proactively develop plans and coordinate with local forces such as Market Management, Economic Police, and other sectors responsible for managing product quality to organize inspections and supervision against infringement of intellectual property rights and against counterfeit and substandard goods. The Science and Technology Departments need to establish permanent units to serve as focal points for compiling situations and reporting to the Ministry of Science and Technology on a monthly basis or as required.

7. The Working Group has the responsibility to implement tasks related to the Ministry of Science and Technology's authority in enforcing intellectual property rights and managing the quality of products and goods circulating in the domestic market and imported/exported goods; to develop projects on these contents; to plan the organization and coordination with relevant ministries and sectors to effectively carry out the aforementioned work.

The Working Group is the focal point for organizing and coordinating units under the Ministry and provincial Departments of Science and Technology to effectively implement the contents of this Directive. The Inspectorate of the Ministry performs the permanent duties of the Working Group.

8Initially, in Quarter III/2004, organize a Special Inspection on quality, measurement, and intellectual property rights for pre-packaged quantified goods according to the approved Inspection Outline.

The Inspectorate of the Ministry of Science and Technology, the Standardization, Measurement, and Quality Control General Department, the Intellectual Property Office, and provincial Departments of Science and Technology are responsible for organizing the Inspection.

The Working Group of the Ministry represents the Ministry's leadership to direct the Inspection, organize the synthesis and evaluation of the results of this Inspection.

The above are some urgent tasks that need to be promptly implemented in the near future. The Minister of Science and Technology requests the heads of units under the Ministry and the Directors of provincial Departments of Science and Technology to study and thoroughly understand the content of the Directive, base their plans on specific tasks of their units and localities, and implement them in accordance with the spirit of the Directive.

The Working Group of the Ministry provides detailed guidance, monitors, and urges units and provincial Departments of Science and Technology to implement the Directive; report monthly to the Minister of Science and Technology on the implementation results of this Directive.