Intellectual property in Vietnam: the status of protection and exploitation of intellectual property
Digital Strategy

Intellectual property in Vietnam: the status of protection and exploitation of intellectual property

In Vietnam, the number of patents applying for intellectual property registration is increasingly receiving the attention and support of the state since it is one of the criteria for assessing the level of global innovation (GII) and the Global Competitiveness Index (GCI). Besides the criteria of quantity, this country also creates conditions for initiatives to be developed, widely applied and towards the common development.

As a country without the advantage of natural resources, and with a history of fierce war, Israel today has become one of the world’s leading developed countries with the 15th global innovation index (GII) and the GDP index ranked in the world’s top 20. South Korea’s economy is also one of the 20 major economies in the G-20.

The investment in education and technology has helped South Korea eliminate illiteracy, develop leading machinery and electronics manufacturing empires such as Samsung, Hyundai, LG, etc., and become the world’s leading technology power. The success stories of Israel, South Korea or even China, the US, etc. are proof that a country with creativity and innovation becomes a wealthy and prosperous country.

Legal system to protect intellectual property rights in Vietnam

The process of socio-economic development and the context of integration have set requirements for evaluating, reviewing, and amending the Law on Intellectual Property to create optimal development conditions for people and businesses. In Vietnam, although the Department of Intellectual Property was established in 1982, it was not until 2005 that the Law on Intellectual Property was first implemented.

Since then, the Code has played a role in regulating legal relations for this particular asset class. Over 16 years, Vietnam has continuously improved the intellectual property protection system such as amendments to the Law on Intellectual Property in 2009, 2019, and most recently in April 2021, the Government Office coordinated with the Ministry of Science and Technology to organize a workshop “Intellectual Property Law – Limitations, inadequacies, and orientations for amendments and supplements” to actively promote innovation and national scientific and technological research.

Besides the amendments to the Law on Intellectual Property, the Prime Minister has also issued an Intellectual Property Strategy to 2030 with tasks and solutions to raise awareness of leaders at all levels, sectors, localities and society about the importance of also improving the exploitation efficiency of intellectual property. As a result, many localities have issued plans to implement the Intellectual Property Strategy in the area, and implemented integrated with specific socio-economic development policies of the locality.

Steps towards automation first in intellectual property mining

In addition to the legal system and regulations on the protection and improvement of the efficiency of intellectual property exploitation, it is indispensable to the contribution of processes that are increasingly being implemented towards automation thanks to the application of digital technology. Thereby accelerating time along with reducing the risks associated with bringing the initiative to market.

In 2000, the Department of Intellectual Property in cooperation with the Government of Japan officially launched the MOIPA project – the Industrial Property Governance Modernization Project built to improve the technology of processing industrial property applications and limit errors in the application processing. The success of the MOIPA project is the driving force for the Department of Intellectual Property to continue successfully implementing the next projects also funded by the Japanese Government: the UTIPINFO Project “Application of Intellectual Property Information in Vietnam” (2005-2009). The project “Strengthening the enforcement of intellectual property rights in Vietnam” (June 2012- March 2017) with remarkable results for Vietnam’s intellectual property rights and the project “Improving the capacity to process industrial property applications at the Department of Intellectual Property” (May 2021 – March 2023) that the two sides are cooperating to implement. Soon, the Brand block will also deploy the use of artificial intelligence-based lookup tools to speed up the lookup for appraisal, research and construction of similar goods and services code and some other solutions to increase productivity while ensuring the quality of application processing.

The success of the MOIPA project has laid the foundation for the integration of scientific and technological data and digital transformation that the Intellectual Property Office implemented in the current period.

Techmart – a tool to exploit intellectual property in the new era

What is Techmart?

Technology and Device Market or Techmart is one of the tools to help promote the process of introducing and applying innovative technology in practice. The purpose of Techmart is to support units with technology, equipment for sale as well as units wishing to buy technology, equipment, meet, contact, exchange online and make favorable and legal technology purchases, ensuring intellectual property rights for the patent unit. Similar to other “market” models, Techmart was previously often held as a fair but recently, with the popularity of IT and aimed at expanding the limits of transaction space and time, Techmart has also appeared in the form of an online exchange. It is a relatively popular model in the world with a variety of technical backgrounds, depending on the market, field, skills in the supply and requirements of technology or patents as well as different communities of experts. Although there are many different platforms, Techmart marketplaces and online tech devices have several main functions as follows:

4 basic functions of Techmart - protection of intellectual property rights
Figure 1: 4 basic functions of Techmart
  • Introducing and showcasing new technologies and equipment to the market, in order to reduce the cost of advertising marketing to units and increase access to interested and in-demand partners.
  • Trading platform for technology, equipment and science & technology consulting: Organizations and individuals can find partners, customers to buy and sell technology and equipment, conduct negotiations, sign contracts and exchange with science and technology experts about areas of interest. There are some of the world’s most iconic technology trading and partner search platforms including Patent Auction, Innoget, Yet2 marketplace, etc.
  • Supporting units to update the latest information on science and technology, science and technology research results through constantly updating technology market information, legal documents, policies to support deep connection with partners and consultants. iBridge Network is one of the most complete technology platforms in the world thanks to the introduction of innovative new technology from research centers to technology companies and large enterprises, facilitating cooperation and development based on innovation according to the needs of the market.
  • Technology transfer and innovation forum: creating conditions for organizations and individuals to learn, exchange experiences, ask questions about issues of concern. Enterprise Europe Network is such a forum with a worldwide reach with the participation, sharing and provision of consulting services of experts, organizations in the field of technology, research, education as well as government as the chambers of commerce and industry of countries.

Techmart model in Vietnam

Besides promoting the protection of intellectual property rights, accelerating the effective exploitation of intellectual property is also one of the top objectives of the Intellectual Property Strategy to 2030. Therefore, the Techmart model in Vietnam is also gradually becoming popular in recent years. Although the Technology and Equipment Market has been held directly for more than 10 years, it was not until recently, on November 25, 2021, the National Science and Technology Information Administration (NASATI) under the Ministry of Science and Technology officially opened the online information technology and equipment exchange at techmartvietnam.vn address to expand the space and exchange time, transactions and consultations between individuals and organizations, thereby contributing to the promotion of transactions of research products and technical equipment, contributing to the development of science and technology markets. Due to the impact of covid-19, this year, the Ministry of Science and Technology has built more online technology exhibitions http://www.techmartvietnam.vn. In addition to techmartvietnam.vn, many localities also deploy their Techmart platforms such as Binh Dinh (sancongnghe.binhdinh.vn), Quang Nam (techmart.skhcn.quangnam.gov.vn),…

However, these platforms are not yet reaching their full potential because of the overlap and fragmentation of these platforms. Moreover, the lack of investment in the development of platforms as well as the promotion and encouragement of participating units, organizations and individuals also contributes to making these platforms not regularly used. In order to increase the level of efficiency, the State needs to understand the need to use Techmart, thereby investing and perfecting the platform to suit the needs, and at the same time, it is necessary to actively communicate and encourage enterprises and research centers to contribute and build. In addition, Techmart platforms should also aim for a national, even international and international instead of local integration model to expand the quantity and quality of intellectual products, creating conditions for introduction to the world market.

 

 

Reference:
Thuvienphapluat. 2019 Luật sở hữu trí tuệ
IP Vietnam. 2021 Những bước đi đầu tiên trên chặng đường tự động hóa tại Cục Sở hữu trí tuệ

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