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Some Comments on IP Awareness of Vietnamese

Enterprises

The NOIP3/2008

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Contents

Overview of VN Enterprises’ IP AwarenessApplications of VN Enterprises for establishment

of IP rightsIP Seminars and Training for EnterprisesSupport to development of Enterprises’ IP

Assets and IP Awareness IP Agent Services for EnterprisesEnforcement of IPRsSuggestions for promotion of Enterprises’ IP

Awareness

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I. OVERVIEW 1. Applications of VN Enterprises for

establishment of IP rights

IP protection for fundamental and real interests of Enterprises:

• Improvement of competitive capacity of Enterprises

• Protection of goodwill and reputation of Enterprises

• Minimization of risks in doing business• Avoidance of disputable situations Awareness and understanding of Enterprises on

IP issues are significantly improving

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1. Applications of VN Enterprises for establishment of IP rights

Many Enterprises are actively initiating IPR establishment procedures:

• Number of IP Applications are increasing at the rate of around 20% annually:

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YEAR INV US IND TRM

2003 17 24 197 3697

2004 36 42 585 9024

2005 56 98 716 11045

2006 79 88 900 13609

2007 95 49 1131 16678

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02000400060008000

1000012000140001600018000

2003 2004 2005 2006 2007

INV

US

IND

TRM

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1. Applications of VN Enterprises for establishment of IP rights

Active movement of Enterprises awareness of the need of IP protection

Incompatible with the domestic enterprises’ capacity and demands for economic development and international integration

Focusing on trademarks and industrial designs - small rate of patent applications: Enterprises are not familiar to the legal framework and IP protection mechanism with strict requirements and high standards

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1. Applications of VN Enterprises for establishment of IP rights

Some popular mistakes of Enterprises in IP establishment process:

• Inactiveness in research of patent information and patent materials

• Lacking activities for valuation and practical development of creative ideas

• Not doing registration procedures after establishment and development of creative ideas

• Publishing research works when IPR establishment procedures for protection of such works having not been initiated

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1. Applications of VN Enterprises for establishment of IP rights

Reasons: limitations of Enterprises in

• Awareness of the importance of IPR protection

• Formulation of strategies for establishment and development of IP assets

• Understanding of IP regulations and procedures for IPR registration and protection

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1. Applications of VN Enterprises for establishment of IP rights

• Protection against infringement and avoidance of infringement

• Efficient exploitation of available IP information sources

• Setting up IP internal professions Challenges for Enterprises in accessing to

the domestic market and foreign markets

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2. IP Seminars and Training for Enterprises

The NOIP presides and coordinates with other organs to organize IP seminars and training courses for Enterprises

• Objectives: training and disseminating IP knowledge and IP policies and regulations

• Diversity in topics and manners• Increase in number of seminars• Widening scale: both in the centre and in

localities through out the country

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2. IP Seminars and Training for Enterprises

2005:• 18 seminars (2095 participants) with the

attendance of Enterprises• 34 IP training courses (2190 participants), of

which 17 specialized courses for Enterprises (1250 participants)

2006:• 13 seminars (1460 participants) with the

attendance of enterprises• 31 IP training courses for administrations,

enforcement bodies and enterprises (2657 participants), of which 21 specialized courses for Enterprises (1750 participants)

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2. IP Seminars and Training for Enterprises

2007: • 24 seminars (2476 participants) with the

attendance of Enterprises• 33 IP training courses (3047 participants), of

which 13 specialized courses for Enterprises (327 participants), 15 courses for administrations, enforcement bodies and enterprises (1474 participants), 5 courses for universities and research institutes

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2. IP Seminars and Training for Enterprises

During 3 years from 2005 to 2007:• 55 seminars with the attendance of Enterprises

– 6031 participants• 98 IP training courses - 7894 participants, of

which 51 specialized courses for Enterprises - 3277 participants

High demand of Enterprises on IP training and IP law education

The NOIP tutor staff does not meet the high demand of IP training

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3. Support to development of Enterprises’ IP

Assets and IP Awareness Decision No. 68/2005/QĐ-TTG on approval of the

Program for Support to Enterprises’ IP Assets development

• Objectives: - Promoting efficiency in education, training and

dissemination of IP knowledge and IP law provided to Enterprises

- Supporting Enterprises in registration, exploitation and development of their IP Assets

- Encouraging IP consultancy and IP information services; providing IP information exploitation guidelines to Enterprises

- Priority support given to Enterprises producing strategy products with high potential of exportation

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3. Support to development of Enterprises’ IP Assets and IP Awareness

• The Ministry of Science and Technology presides and coordinates to other organs to develop the Program:

- Supporting local administrations and enterprise communities to explore and initiate procedures for registration of GIs, certification trademarks for special products of localities

- Providing more IP consultancy and information to Enterprises: During 6 months of the late of 2007, Representative Office No. 2 of the NOIP at Ho Chi Minh city received around 400 IP inquiries via telephone and around 200 IP inquiries directly at the office monthly, most of them came from the domestic enterprises

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4. IP Agent Services for Enterprises

Increasing number of individuals granted IP Representative Service Certificate :

• At the present, 235 individuals granted IP Representative Service Certificates, 80 entities qualified for providing IP Representative Service

• The NOIP held 3 exams of IP representative qualification - 229 attendants

IP Agents play important role in assisting Enterprises in establishing, exploiting and enforcing their IPRs as well as in promoting Enterprises’ IP awareness

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5. Enforcement of IPRs

Remarkably increasing number of IP cases• 2006:

- Inspectorate of Science and Technology: handled 88 IP infringement cases, disposed 449,866 infringing products, imposed fines at amount of 170.2 million VND- Customs: handled 7 IP infringement cases - Courts: received 14 IP related civil cases, handled 11 cases; received 51 IP related criminal cases and 110 persons of the accused, tried 44 IP infringement cases and 91 persons of the accused

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5. Enforcement of IPRs

- Economic Police and Market Management bodies handled many IP infringement cases

- The NOIP: Provided many IP professional opinions and advise to other organs, entities and enterprises for settlement of 601 IP infringement cases and 31 IP related unfair competition cases

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5. Enforcement of IPRs

• 2007: - Inspectorate of Science and Technology: inspected more than 600 business establishments, handled 136 industrial design infringement cases, 606 trademark infringement cases, 16 patent infringement cases, 3 GIs infringement cases, imposed fines at the amount of nearly 2 billion VND- Customs: received and handled 27 requests of customs suspension, suspended customs clearance and handled 13 IP infringement cases, imposed fines at amount of nearly 970 million VND

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5. Enforcement of IPRs

- Market Management Bodies: received 2496 IP infringement claims, handled 2423 cases (mainly trademark and industrial design infringement cases), imposed fines at the amount of more than 1.2 billion VND- Economic Police: Received 128 claims, handled 86 IP infringement cases- Inspectorate of Culture, Sport and Tourism: handled 400 copyright and related right infringement cases, imposed fines at the amount of nearly 700 million VND

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5. Enforcement of IPRs

- Courts: received 16 copyright and technology transfer cases, handled 15 cases, tried 10 criminal IP related cases - The NOIP: provided 520 official letters of IP professional opinion to other organs, entities and enterprises

Great efforts of the enforcement bodiesPositive movement in Enterprises’ IP

awareness: initiative of requesting for application of measures against IP infringement

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II. SUGGESTIONS FOR PROMOTION OF ENTERPRISES’ IP AWARENESS

1. Completion of IP law and regulations to provide effective instruments to enterprises in protection of their own IPRs

2. Promoting training activities and fostering IP knowledge to enterprises to satisfy enterprises’ demand

3. Extending consultancy and support and legal advice to enterprises in establishment and enforcement of IPRs

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II. SUGGESTIONS FOR PROMOTION OF ENTERPRISES’ IP AWARENESS

4. Completion and activation of IP digital libraries; training of IP information search skills; provision of IP information upon the request of enterprises

5. Publication of IP gazette in the form of CD; building up a homepage of updated IP regulations and IP activities

6. Encouraging the establishment of IPR protection organizations and IP professional associations

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Thank you very much for your attention!