Quyết định 1068/QĐ-TTg 2019 Chiến lược sở hữu trí tuệ đến năm 2030

DECISION
Approving the Intellectual Property Strategy through 2030
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THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Intellectual Property dated November 29, 2005 and the Law dated June 19, 2009 amending and supplementing a number of articles of the Law on Intellectual Property;

At the proposal of the Minister of Science and Technology;

DECIDES ON:

Article 1. Approving the Intellectual Property Strategy through 2030 (hereinafter referred to as the Strategy) with the following principal contents:

I. GUIDELINES      

1. Developing a comprehensive and effective intellectual property system at all stages of creation, establishment, exploitation, protection and enforcement of intellectual property rights, creating an environment to encourage innovation, meeting international integration requirements, making intellectual property become an important instrument to enhance national competitiveness and promote economic, cultural and social development.    

2. Intellectual property policies on copyright, related rights, industrial property rights and plant variety rights shall constitute an integral part of economic, cultural and social development strategies and policies of the nation and its branches and domains.    

3. Intellectual property ownership shall have the active participation of all stakeholders in society, including research institutes, universities, creative individuals, especially enterprises playing a key role in the creation and exploitation of intellectual property.    

II. OBJECTIVES    

1. By 2030, Vietnam shall be in the group of leading ASEAN countries in terms of creativity, protection and exploitation of intellectual property rights.    

2. The establishment of industrial property rights and plant variety rights shall be fast, transparent and fair, timely meeting the requirements of enterprises and the society.    

3. Effective enforcement of law provisions on intellectual property shall be significantly improved and infringement of intellectual property rights shall be significantly reduced.

4. New intellectual property of Vietnamese individuals and organizations shall increase both in quantity and quality, dramatically improving Vietnam s intellectual property indicators in the global innovation index (GII):   

a) The number of applications for patent registrations and patent protection certificates shall increase by an average of 16-18% per year;   

b) The number of applications for industrial design registrations shall increase by an average of 6-8% per year;   

c) The number of applications for trademark registrations shall increase by an average of 8-10% per year;     

d) The number of applications for protection of plant varieties shall increase by an average of 12-14% per year, 10 - 12% of which are registered for protection abroad; making Vietnam a center for plant variety protection with the establishment of the ASEAN+ regional plant variety protection agency.    

5. The efficiency of using intellectual property shall be improved and the number of products with high intellectual content shall significantly increase:   

a) The exploitation and commercialization of intellectual property shall be focused and promoted; The rate of inventions that are exploited commercially shall reach 8 - 10% of inventions granted with protection certificates; there shall be at least 1 to 2 plant varieties exploited abroad; The number of enterprises effectively using intellectual property instruments in their production and business activities shall significantly increase;    

b) Developing a number of industries with high levels of intellectual property use, especially those with priority and competitive advantages, significantly increasing their contribution to GDP growth;    

c) Geographical indications, genetic resources, traditional knowledge, technical secrets and folklore shall be protected and effectively exploited in production and business activities;    

d) Developing cultural industries based on copyright and related rights to create more diversified and high-quality creative products; the revenue of cultural industries based on copyright and related rights shall contribute about 7% of GDP and create more jobs for society by 2030.    

III. TASKS AND SOLUTIONS      

1. Perfecting policies and law provisions on intellectual property

a) Enhancing the relevance of the policy and law provisions on intellectual property with policies and law provisions of socio-economic branches and domains;    

b) Integrating policies and solutions to promote creation, establishment, exploitation and protection of intellectual property rights in strategies and policies for scientific and technological development and innovation as well as national economic, cultural, social development policies of the nation and its branches and domains;    

c) Reviewing and improving the legal system of intellectual property and related laws, creating a favorable legal environment for the creation, protection, exploitation and protection of intellectual property rights, ensuring the principle of balancing the interests among social entities, effectively preventing the abuse of intellectual property rights, in which attaching importance to:  

- Adequately addressing the relationship between the protection of patents and the protection of public interests, especially in the field of pharmaceuticals and agrochemicals; promulgating rational regulations for people and society to timely get access to essential products and services in the fields related to public health, such as medical and nutrition, or in other emergency situations;

- Reasonably addressing the interests of suppliers of biological resources and breeders, production and business, attaching importance to protecting the legitimate rights and interests of farmers;

- Create a mechanism for equitable benefit sharing among relevant stakeholder groups in the commercialization of ownership, use and benefit rights to intellectual property, especially intellectual property arising from research and technological development using state budget;

- Ensuring the effective and transparent system of collective management on copyrights and related rights, protecting the legitimate interests of creative entities, encouraging creative activities;

- Updating the new issues arising in the field of intellectual property related to the modern scientific and technological trends of the Fourth Industrial Revolution to make recommendations to adjust law provisions accordingly;

- Ensuring measures to protect intellectual property rights in accordance with the civil nature of intellectual property rights;

- Studying and proposing strict sanctions against infringements of intellectual property and focusing on counterfeit intellectual property commodities;

-Create favorable conditions for enterprises export and import activities, encourage foreign investment and technology transfer.

d) Completing law provisions related to intellectual property transactions: capital contribution, security transactions, valuation, accounting and auditing of intellectual property; promulgating mechanisms and policies on finance, credit and other incentives to promote the exploitation of intellectual property generated from scientific research and technological development using State budgets.  

2. Improving the efficiency of state management on intellectual property

a) Strengthening the state management system of intellectual property in the direction of creation and efficiency; identifying and strengthening focal units on intellectual property at relevant state management agencies at central and local levels; promoting interdisciplinary coordination mechanism for state management on intellectual property;  

b) Renovating the operation mechanism of agencies establishing industrial property rights and plant variety rights in an effective and suitable manner, changing the fee mechanism to the price mechanism in providing public services;   

c) Strengthening macro-management of intellectual property through:     

- Using indicators of intellectual property as a management instrument, especially the intellectual property constituents of the Global Innovation Index (GII) and theGlobal Competitive Index(GCI);

- Developing and perfecting indicators of intellectual property in socio-economic development strategies and plans as well as in scientific, technological and creative activities;

- Studying and proposing to put intellectual property indicators into the national list of statistical indicators for branches and domains.

d) Simplifying, modernizing, publicizing and transparentizing the administrative procedures on intellectual property;   

e) Improving the quality of public services on intellectual property, promoting socialization and public-private partnership in providing services on intellectual property;

f) Comprehensively deploying online public services, digitizing data on intellectual property; increasing infrastructure investment and development, applying new technologies in activities of establishing, exploiting and protecting intellectual property rights;   

g) Developing the inter-connected and synchronized system of databases on intellectual property between state management agencies.   

3. Focusing on promoting and improving the effectiveness of the enforcement of intellectual property rights

a) Reviewing and clearly defining their functions and tasks, gradually streamlining the focal units of competent agencies in handling infringements of intellectual property rights by administrative measures;

b) Strengthening coordination between state administrative agencies and between state administrative agencies with judicial agencies in protecting intellectual property rights; coordinating to research to strengthen the role of the courts in dealing with intellectual property cases;

 c) Strengthening inspection and control as well as strictly handling violations of intellectual property rights, especially infringements of intellectual property rights in the cyberspace;   

d) Improving the effectiveness of the implementation of measures to control import and export commodities related to intellectual property;    

e) Proactively detecting, preventing and fighting against intellectual property crimes; improving the effectiveness of investigation of criminal cases on intellectual property;

f) Encouraging the settlement of intellectual property disputes by arbitration or conciliation;   

g) Encouraging enterprises, organizations and individuals to actively protect their intellectual property rights;  

h) Enhancing training and education of intellectual property knowledge and professional skills for the contingent of officials engaged in the protection of intellectual property rights;   

j) Expanding socialization while improving the quality of judicial assistance activities on intellectual property; developing intellectual property inspection teams; promoting the development of intellectual property assessment services and legal consultancy services on the protection of intellectual property rights.   

4. Promoting intellectual property creation activities    

a) Developing and providing intellectual property information instruments and services, technology maps for research institutes, universities and enterprises; establishing organizations providing services of analyzing patent information and forecasting technology development trends, serving as the basis for scientific, technological and innovation activities;  

b) Using indicators of intellectual property as a basis for assessing the performance of research institutes, universities and enterprises. Research institutes and universities shall identify the target intellectual property rights that need in their research results using the state budget. The technical institutions shall register for the protection of industrial property rights and new plant variety rights, simultaneously publish scientific articles on the research results with high applicability;

c) Developing and implementing scientific and technological programs, supporting research institutes and universities to cooperate with enterprises in the direction of creating protected research results, thereby enhancing using intellectual property instruments to develop key industries and fields, products and services with competitive advantages, creating source technologies and entry-level technologies;   

d) Promoting the establishment of creative innovation centers in combination with venture capital investment to nurture intellectual properties from idea formation, research and development to trial production, testing to start-up establishment; assisting start-ups in perfecting technologies, creating high added value products and services;  

e) Effectively implementing mechanisms to encourage individuals to participate in technological innovation and cultural creation;

f) Guiding enterprises to create and efficiently exploit commercial indications for their products and services; supporting the registration for protection of potential geographical indications.  

5. Encouraging and improving the efficiency of intellectual property exploitation    

a) Establishing and developing a network of centers for technology and intellectual property transfer at research institutes, universities and enterprises in order to promote the creation and exploitation of intellectual property;  

b) Establishing an innovative entrepreneurial ecosystem in universities. Supporting research institutes and universities to set up enterprises to exploit intellectual property rights, shortening the process of applying research results to production and business;   

c) Promoting the implementation of mechanisms and policies to develop industries with high levels of intellectual property use, creating reputable and high-quality products, promoting the export of goods with high intellectual content;    

d) Guiding and supporting enterprises to boost the use of intellectual property instruments in production and business activities; supporting Vietnamese individuals and enterprises to protect and exploit intellectual property rights abroad;   

e) Developing the healthy intellectual property market in the direction of expanding and improving the quality of intermediary services to enhance the supply - demand connection of intellectual property; promoting activities of assessing and valuating intellectual properties as a basis for conducting market transactions;

f) Enhancing the exploitation and analysis of patent information for the selection and exploitation of appropriate technologies; encouraging the use of technological with expired protection terms or not protected by intellectual property rights in Vietnam but in line with the production capacity of domestic enterprises;   

g) Promoting the exploitation and use of creative products with copyright or related rights which belong to the State or whose protection terms have expired;   

h) Strengthening the management and effective use of geographical indications, genetic resources, traditional knowledge, technical know-how and folklore in order to exploit the potentials of Vietnam s advantageous products;   

i) Effectively implementing the programs to support small and medium-sized enterprises to exploit intellectual property.   

6. Developing intellectual property support activities     

a) Expanding and improving the operational quality of professional advisory service organizations, attaching importance to developing intellectual property consultancy centers in research institutes and universities;    

b) Promoting the development of support services for intellectual property, improving the quality of intellectual property services;   

c) Improving the operational efficiency of associations in supporting and implementing activities of creating, establishing, exploiting and protecting intellectual property rights;     

d) Strengthening capacity, investing in material facilities to improve the performance of collective management organizations of copyrights and related rights, timely meeting the needs of the society, ensuring the interests for stakeholders;    

e) Mobilizing social resources for the development of the intellectual property system to support the State s resources, encouraging non-State organizations to conduct a number of non-business activities on intellectual property;

f) Developing criteria to standardize intellectual property services; completing the system of managing and supervising intellectual property services, especially intermediary services.    

7. Strengthening human resources for intellectual property activities     

a) Formulating a master plan on development of human resources for intellectual property, with a focus on training highly qualified human resources; attracting high-quality domestic and foreign human resources to participate in intellectual property activities;    

b) Focusing on training professional skills, improving the quality of human resources in state management agencies and agencies in charge of protecting intellectual property rights;    

c) Building a number of specialized intellectual property training institutions with training and nurturing programs suitable to each group of subjects, with a focus on training experts in intellectual property management for enterprises.    

8. Establishing the intellectual property culture in the society     

a) Strengthening information dissemination on mass media to raise awareness about intellectual property, encouraging innovation, building a sense of respect and protection of intellectual property rights, and establishing the intellectual property culture in the society;    

b) Developing and implementing intellectual property training programs in education and training institutions, especially higher education institutions.    

9. Positively and proactively conducting international co-operation and integration on intellectual property     

a) Promoting the international co-operation and integration on intellectual property and utilizing the support in all aspects of foreign intellectual property agencies and international organizations to rapidly improve the capacity of the national intellectual property system, keeping pace with international development trends and qualifications;

b) Participating in the international treaties on intellectual property in accordance with the conditions and requirements for development of Vietnam; participating in the development of intellectual property protection standards within the framework of international treaties;    

c) Actively and actively participating in the activities of international organizations in the field of intellectual property.   

Article 2. Organization of implementation

1. The Ministry of Science and Technology shall:    

- Act as the focal unit to summarize the implementation results of the strategy and annually report to the Prime Minister; organizing preliminary review of the implementation of the Strategy through 2025 and identifying priority tasks and schemes for the next period;

-Perform tasks, solutions and projects related to industrial property.

2. The Ministry of Culture, Sports and Tourism shall implement tasks, solutions and projects related to copyright, related rights and cultural industries.  

3. The Ministry of Agriculture and Rural Development shall implement tasks, solutions and projects related to intellectual property in terms of new plant varieties and agriculture.   

4. The Ministry of Industry and Trade and The Ministry of Education and Training, within the scope of their state management functions, powers and duties shall concretize the  contents and implement the related tasks, solutions and projects in the Strategy .  

5. The Ministry of Finance and the Ministry of Planning and Investment shall base themselves on law provisions to balance and allocate budget to implement the Strategy.

6. Ministries, ministerial-level agencies, Government-attached agencies, People s Committees of provinces and municipalities shall promote cooperation in the enforcement of law provisions on intellectual property within the scope of their assigned functions and tasks.  

7. Concerned ministries, branches and agencies shall organize the implementation of the Strategy within the scope of their assigned functions and tasks according to current law provisions.   

8. People s committees of provinces and municipalities shall take responsibility for implementing the Strategy, ensuring consistency and synchronization with the implementation of local socio-economic development plans. .   

Article 3.This Decision takes effect from the date of signing.

Article 4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial or municipal People s Committees and concerned organizations and individuals shall take responsibility to implement this Decision./.