📋 Tender Overview
The Ministry of Science and Technology is drafting the Law amending and supplementing a number of articles of the Intellectual Property Law in order to continue completing the legal framework to create a solid corridor and convenient for the protection of intellectual property rights. Proposing 5 policies to amend and supplement a number of articles of the Law on Intellectual Property Science and Technology, said that the Law on Intellectual Property was first enacted in 2005 and was amended and supplemented in 2009, 2019 and 2022. Basically, the current provisions on intellectual property law have created a relatively complete legal corridor for intellectual property protection. A number of shortcomings and limitations of the intellectual property laws, but the Intellectual Property Law also has some shortcomings and limitations such as: There are no specific provisions on measures to promote and facilitate the exploitation of intellectual property rights while the capacity of commercial exploitation of intellectual property rights of Vietnamese organizations and individuals is still limited, without a clear regulation on invention and approval of patents, valuable values Tue; The market has not been promoted the market of intellectual property rights, the regulations on the procedures for granting intellectual property rights are still complicated, the implementation time is prolonged, has not met the requirements of simplification, reducing the time of implementing administrative procedures on intellectual property. Human resources in the intellectual property enforcement agency lacking technical expertise; Lack of active support mechanisms in implementing measures to protect intellectual property rights. Promoting innovation, developing the intellectual property market of the Ministry of Science and Technology, the amendment and supplementation of some articles of the Intellectual Property Law is necessary to continue perfecting the legal framework to create a solid corridor and favor the protection of intellectual property rights. creating and developing the intellectual property market to meet the needs of commercial exploitation of intellectual property rights, contributing to improving the productivity, quality and prestige of the national product and the competitiveness of the economy. The motivation to maximize the potential and intelligence of Vietnam, create a favorable environment for quickly acquiring, absorbing, owning and applying advanced scientific and technological achievements of the world; Serving Vietnams international economic integration process in the new situation. 5 policies and policies proposed to amend and supplement a number of articles of the Intellectual Property Law focused on 5 groups of policy content, including: Policy 1: Support for creating and exploiting trade in intellectual property rights to promote innovation.The policy 2: Simplify administrative procedures, facilitate the registration and establishment of intellectual property rights. Fully executing international commitments of Vietnam on intellectual property protection in the integration process.The policy 5: Update new issues in intellectual property protection in the world in accordance with the policies and levels of socio -economic development of Vietnam. Regarding the policy Simplifying administrative procedures, creating favorable conditions for the registration and establishment of IP rights, the proposal of the preparation of the procedure for the registration of patent control Overseas (Article 89A), besides, amend and complete the regulations related to the establishment of industrial property rights in the direction of the Minister of Science and Technology specifying specific agencies/organizations to receive applications, conditions for receiving industrial property registration applications, content of content appraisal procedures, granting/refusal to grant protection degrees to suit the objectives of administrative procedures, etc. At the same time, complete the application processing process (Articles 89, 107, 108, 109, 113, 114, 117, 118, 119A, 120A, 150). Amending and completing the Regulation on registration of copyright and relevant rights, the process of management, appraisal and relevance related to the protection of plant varieties to improve the efficiency and use of online public services, simplify administrative procedures (Articles 49, 50, 51, 55, 165, 170, 176, 183, 191). Digital conversion in the implementation of administrative procedures, the Draft Law supplementing the provisions of priority to develop resources, invest in information technology infrastructure, digital platforms serving intellectual property skills, specialized databases of intellectual property, tools, equipment, creating favorable mechanisms for direct agenciesThe function of state management of intellectual property to solve the current difficulties and problems at the same time ensure to meet the increasing needs of society in the protection of intellectual property rights; Supplementing the regulations to convert comprehensively the protection activities of the IP rights (Articles 8 and 12). Regarding the mechanism of strengthening post -inspection in the implementation of administrative procedures, the draft Law supplemented the provisions of clarifying the responsibilities of the applicant on the declared information in the application to transfer to the post -inspection mechanism; and revoke the decision of the competent authority in some cases with evidence of dishonest information (Articles 49 and 100), besides, the Draft Law also proposes to transfer detailed regulations on procedures for handling applications from the Law to the Circular to ensure the stability of the law and facilitate the review and amendment of regulations on registration and establishment of IPD in the direction of Article 52, 101, 103, 103 103 104, 105, 106 and Article 149). Regarding the content of reducing
