Proposal to change patent registration rights
The draft amendments to the Intellectual Property Law proposes that the research organization has the right to register the invention and has the right to own the invention when it is granted a protection title.
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Minister of Science and Technology Huynh Thanh Dat presented the Government's report on the draft Law amending and supplementing a number of articles of the Intellectual Property Law, in the afternoon of September 14. Photo: National Assembly Press Center.
In the afternoon of September 14, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Intellectual Property Law. Representative of the drafting agency, Minister of Science and Technology Huynh Thanh Dat affirmed that intellectual property is an important factor for economic and social development because intellectual property has great value in the economy, is a resource for production and business development and an effective competitive tool of enterprises and the economy.
Through 16 years of application, the Law on Intellectual Property has played a role in regulating legal relations with this special type of property. However, according to Mr. Dat, the current development context has changed a lot compared to 2005. Vietnam is no longer merely a country that "uses intellectual property" but is strongly shifting to "creating this asset for the growth model in depth". Therefore, the amendment and supplementation of the Intellectual Property Law this time is an urgent requirement.
One of the new points of the law project is to propose that research-led organizations have the right to register inventions, industrial designs, layout designs (as a result of scientific and technological tasks using state budget) and have ownership rights when granted protection titles, except for organizations in the field of defense and security which are still registered by state agencies.
According to the head of the Science and Technology sector, this plan is built to institutionalize Resolution No. 20 dated November 1, 2012 of the 6th Plenum of the XI Central Conference on the development of Science and Technology for the industrialization and modernization in the context of a socialist-oriented market economy and international integration. The resolution has the policy: "Allow ownership of scientific research and technological development results with the use of the state budget to the agency in charge of science and technology tasks."
"This regulation will create an incentive to encourage organizations in charge of registration to establish industrial property rights with research results capable of protecting and promoting the commercialization of the object of ownership of such technology." the Minister of Science and Technology said.
According to him, this option is agreed by the majority of Government members because it still ensures the State's management of scientific and technological research results that are protected with technology ownership using the state budget. The laws of many countries around the world also have similar provisions to promote scientific and technological research activities and commercialize research results for economic and social development. However, to implement the plan, a number of relevant legal documents need to be amended and supplemented to ensure consistency in the legal system.
Due to the small number of Government members who proposed to keep the current legal regulations, the Drafting Board designed option 2 and submitted it to the National Assembly for comments. Accordingly, the right to register an invention still belongs to the organization or state agency that is assigned the right to the investor. This will ensure the principle that the property created by the State's investment belongs to the State.
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