Decision No. 68/2005/QĐ-TTg On approving the Program to support the development of intellectual property for enterprises

Pursuant to …;

Regarding the approval of the Program to support the development of intellectual property for enterprises

Approving the Program to support the development of intellectual property for enterprises with the following main contents:

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,

DECISION:

Article 1. 1. The objectives of the Program:

a) To enhance the awareness of Vietnamese enterprises regarding the protection of intellectual property rights so that enterprises can proactively build, exploit, develop, and protect their intellectual property;

b) To improve the competitiveness of Vietnamese enterprises through supporting the establishment, exploitation, protection, and development of intellectual property, prioritizing support for enterprises with strategic products and export potential.

2. Contents of the Program

a) Propaganda, training on intellectual property rights, and support for enterprises to organize intellectual property activities:

- Organizing propaganda and disseminating knowledge about intellectual property rights to enterprises through regular columns and programs dedicated to enterprises on central, ministry, sectoral, and local mass media;

- Organizing seminars, specialized and vocational training sessions on intellectual property rights for intellectual property management staff and enterprises under the jurisdiction of ministries, sectors, and localities;

- Compiling and issuing guidance materials on intellectual property rights for enterprises;

- Supporting enterprises in organizing intellectual property activities: guiding the formulation and implementation of intellectual property policies and strategies within enterprises (including organizational structure, human resources, investment, and necessary activities to establish, secure, exploit, and protect intellectual property and avoid infringing upon the intellectual property rights of organizations or individuals);

- Establishing and operating a permanent mechanism to guide and support enterprises in registering intellectual property rights.

b) Supporting the establishment, exploitation, protection, and development of intellectual property for enterprises both domestically and internationally:

- Providing information on intellectual property rights to enable enterprises to establish, exploit, develop, and protect the value of intellectual property objects: compiling and issuing guidance materials on domestic and international intellectual property registration; providing and guiding the exploitation of information sources from domestic and international intellectual property systems;

- Supporting enterprises in designing, registering for protection, exploiting, and developing the value of trademarks and industrial designs: disseminating knowledge and requirements for design, registration for protection, exploitation, and development of trademarks and industrial designs; supporting advertising and product promotion activities bearing trademarks;

- Supporting enterprises in building and developing intellectual property related to geographical indications: assisting in evaluating local specialties to determine the necessity of protection; identifying the subject of the right to use geographical indications; determining the distinctiveness of products bearing place names; selecting forms of protection and conducting procedures to establish rights; organizing the management of the use of geographical indications and developing the value of geographical indications;

- Supporting enterprises in building and developing intellectual property related to scientific and technological achievements: encouraging creative labor in enterprises; incorporating intellectual property information into scientific and technological research and creation activities; establishing, exploiting, and protecting intellectual property rights for scientific and technological creations;

- Supporting enterprises in registering for protection, managing, exploiting, and developing the value of new plant varieties: advising and guiding enterprises in registering for protection, exploiting, and managing the exploitation of new plant varieties; supporting advertising and promotion activities for new plant varieties;

- Supporting enterprises in registering for protection, exploiting, and developing the value of computer software and literary and artistic works: advising and guiding enterprises in registering for protection, exploiting, and implementing measures to prevent unauthorized copying or use of computer software and literary and artistic works; supporting advertising and promotion activities for computer software and literary and artistic works.

c) Supporting enterprises in exploiting intellectual property information:

- Building and regularly updating databases and intellectual property information products to meet enterprise needs;

- Organizing and guiding the exploitation of available information sources;

- Organizing services to provide information according to enterprise requests;

- Training enterprises in searching for intellectual property information.

Implementation of the Program

Article 2. 1. Duration of the Program: from 2005 to 2010.

2. Steering Committee of the Program

a) The Steering Committee of the Program shall be established by the Minister of Science and Technology, responsible for assisting the Minister of Science and Technology in directing the organization and implementation of the Program.

b) The Steering Committee of the Program includes:

- The Chairman is a Deputy Minister of Science and Technology;

- Members include representatives from the Ministries of Finance, Culture, Information, Industry, Agriculture and Rural Development, Fisheries, Health, Commerce, Education and Training, Justice.

c) The Steering Committee operates according to the Regulations issued by the Minister of Science and Technology.

3. Organization of the Program's Implementation:

a) Lead agency: Ministry of Science and Technology;

b) Coordinating agencies: Ministry of Finance, Ministry of Culture, Information, Ministry of Industry, Ministry of Agriculture and Rural Development, Ministry of Fisheries, Ministry of Health, Ministry of Commerce, Ministry of Education and Training, People's Committees of provinces and centrally-administered cities; Vietnam Chamber of Commerce and Industry, relevant associations and industry associations;

c) The Ministry of Finance leads and coordinates with the Ministry of Science and Technology to study and formulate financial management mechanisms for the Program in accordance with current regulations.

4. Plan and Measures for Implementing the Program

a) Implementation Plan:

- 2005-2006: Guide the formulation and implementation of Program contents. Select and focus on directing the implementation of some pilot projects;

- 2006-2010: Continue to guide the formulation and implementation of Program contents. Popularize and expand the models of pilot projects;

- 2007: Conduct a mid-term review of the Program's implementation;

- 2010: Conduct a final assessment of the Program's results.

- In 2010: summarize the results of the implementation of the Program.

b) Measures to organize the implementation of the Program:

The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance to guide the development of projects implementing the contents of the Program, and organize the approval, acceptance, and evaluation of the results of these projects; annually report on the assessment of the Program's implementation results.

5. Management Mechanism for the Program

The Minister of Science and Technology is responsible for establishing the management mechanism for the Program the Prime Minister.

Article 3. Funding for Implementing the Program

1. Sources of funding for implementing the Program:

a) State budget (central budget and local budget).

b) Mobilizing contributions from organizations and individuals both within and outside the country.

2. Annually, the Ministry of Finance shall work together with the Ministry of Science and Technology to determine the level of support from the central budget in accordance with the State Budget Law to implement the Program.

3. Provincial People's Committees and Municipal People's Committees under the Central Government shall approve the portion of the Program's funding from the local budget.

4. The agencies specified in point b, Clause 3, Article 2 of this Decision shall be responsible for mobilizing contributions from organizations and individuals both within and outside the country to implement the assigned Program contents.

Article 4. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 5. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees under the Central Government, professional associations, and related organizations shall be responsible for enforcing this Decision.