Decision No. 78/2008/QD-BGDDT of the Ministry of Education and Training issuing Regulations on Intellectual Property Management in Higher Education Institutions applies to universities, colleges, and scientific research institutes offering doctoral programs. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Scope of application
Higher education institutions (universities, colleges) and scientific research institutes offering doctoral programs.
Key points
- Higher education institution → must manage intellectual property activities in accordance with the regulations of the Ministry of Education and Training.
- Higher education institution → may carry out invention activities, literary and artistic works, industrial designs, forms, business secrets, trademarks, and registered service marks.
- Higher education institution → shall not violate regulations on the protection and use of intellectual property assets.
- Higher education institution → shall cooperate with relevant units to implement this Decision.
- This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
🌐 Social impact of this document
- Positive impact: Strengthening the protection and promotion of intellectual property assets in higher education institutions, promoting scientific research and innovation.
- Negative impact: May impose additional management burdens on universities and colleges.
❓ Frequently asked questions
To which entities does this Decision apply?
This Decision applies to higher education institutions (universities, colleges) and scientific research institutes offering doctoral programs.
What intellectual property-related activities can higher education institutions undertake?
Higher education institutions may carry out invention activities, literary and artistic works, industrial designs, forms, business secrets, trademarks, and registered service marks.
When does this Decision come into effect?
This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
With which units should higher education institutions coordinate to implement this Decision?
Higher education institutions need to coordinate with the Director of the Office, Heads of the Department of Organization and Cadres, Heads of the Department of Science, Technology and Environment, Heads of related units under the Ministry of Education and Training; rectors of universities and academies, principals of colleges; directors of scientific research institutes offering doctoral programs.
What responsibilities must higher education institutions fulfill according to this Decision?
Higher education institutions must manage intellectual property activities in accordance with the regulations of the Ministry of Education and Training, and shall not violate regulations on the protection and use of intellectual property assets.
Full text
Pursuant to …;
Issuing Regulations on Intellectual Property Management in Higher Education Institutions
________________________________________
THE MINISTER OF EDUCATION AND TRAINING
Pursuant to the Intellectual Property Law dated December 12, 2005;
Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;
Pursuant to Resolution No. 14/2005/NQ-CP dated November 2, 2005 of the Government on fundamental and comprehensive renewal of higher education in Vietnam for the period 2006-2020;
Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;
Pursuant to Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law concerning the protection of intellectual property rights and state management of intellectual property;
At the proposal of the Director of the Department of Science, Technology and Environment,
DECISION:
Article 1. These Regulations on Intellectual Property Management in Higher Education Institutions are hereby issued together with this Decision.
Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.
Article 3. The Director of the Office, Heads of the Cadre and Civil Service Organization Department, the Science, Technology and Environment Department, Heads of relevant units under the Ministry of Education and Training; rectors of universities and academies, presidents of colleges; directors of research institutes offering doctoral programs, and those involved in master's degree training programs shall be responsible for implementing this Decision./.
DEPUTY MINISTER
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