According to the WIPO, the concept of intellectual property strategy as well as the importance of adopting a strategic approach has long been discussed and widely acknowledged, specifically that developing countries are intrigued by access to plans and structures built on the status quo and the needs of the country with the aim of maximizing the benefits of innovation and innovation activities1. In view of the importance of intellectual property that has a great influence on the economic development like the success of intellectual property strategies of other countries (such as China2), on 22nd August 2019, the Prime Minister for the first time approved the Intellectual Property Strategy to 2030 with his Decision No. 1068/QD-TTg ("Decision 1068" or "National IP Strategy").

Highlights of the Intellectual Property Strategy with Visions to 2030

Decision 1068 includes 3 main categories, including (a) Guiding viewpoints, (b) Goals, (c) Tasks and solutions, and an appendix assigning some priority tasks to 2025.

  1. For guiding viewpoints, the National IP Strategy raises the question of making intellectual property an important tool to enhance national competitiveness and promote socio-cultural development by developing a intellectual property system consistent and effective at all stages of creation, establishment, exploitation, protection and enforcement of intellectual property rights. Vietnam also takes the viewpoint of respecting intellectual property policies for copyright and industrial property rights as an integral part of the economic and cultural development strategy of national economic sectors.
  2. With respect to the Goals, the National IP Strategy sets out 5 goals, of which it is worth noting to clude that Vietnam's goal must be among group of ASEAN leading countries in terms of creativity, protection and exploitation of intellectual property rights, and to comprise that the effectiveness of enforcement on intellectual property must be significantly improved, significantly reducing the infringement of intellectual property rights.
  3. As far as the Tasks and solutions, the National IP Strategy sets out 9 different task groups and solutions, in our opinion, there are probably 3 groups of tasks and solutions considered as important guidelines, including (a) a group of solutions to perfect policies and laws on intellectual property; (b) a set of measures to promote and improve the enforcement of intellectual property rights; and (c) a group of solutions to enhance human resources for intellectual property activities.

Regarding solutions for completing policies and laws on intellectual property, Decision 1068 identifies the following tasks:

  1. To enhance the compatibility of policies and laws on intellectual property with policies and laws applicable for socio-economic branches and domains;
  2. 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 and development policies. economic, cultural and social development of the country and sectors and fields;
  3. Reviewing and perfecting the legal system of intellectual property and related laws, creating a favorable legal environment for creative activities, protection, exploitation and protection of intellectual property rights, ensuring preserving the principle of balancing the interests among social entities, effectively preventing the abuse of intellectual property rights, in which attaching importance to:
    • Satisfying adequately the relationship between patent protection and protection of community interests, especially in the field of pharmaceuticals and agro-products; have appropriate provisions for people and society to have timely access to essential products and services in areas related to public health such as health, nutrition or in other emergency situations;
    • Reasonably addressing the beneficial relationship between the suppliers of biological resources, breeding, production and trading, focusing on protecting the lawful rights and interests of farmers;
    • Create a mechanism for equitable benefit sharing among related groups of entities in the commercialization of ownership, use and benefit rights to intellectual property, especially intellectual property arising from activities scientific research and technological development using the state budget;
    • Ensuring the system of collective management organizations of copyright and related rights to operate effectively, transparently, protecting the legitimate interests of creative entities, encouraging creative activities;
    • Updating 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 the law accordingly;
    • Ensuring measures to protect intellectual property rights in accordance with the civil nature of intellectual property rights;
    • Studying and proposing sanctions against infringements of intellectual property that are sufficient to deter and focus on counterfeit intellectual property goods;
    • Create favorable conditions for export and import activities of enterprises, encourage foreign investment and technology transfer.
  5. Completing legal provisions related to intellectual property transactions: capital contribution, security transactions, valuation, accounting and auditing of intellectual property; promulgate mechanisms and policies on finance, credit and other incentives to promote the exploitation of intellectual property generated from scientific research and technological development activities using the state budget.

For the group of solutions to promote and improve the efficiency of the enforcement of intellectual property rights, Decision 1068 imposes 8 tasks:

  1. Reviewing and clearly defining functions and tasks, gradually streamlining focal points of competent agencies to handle infringements of intellectual property rights by administrative measures;
  2. Strengthen coordination among state administrative agencies and with judicial agencies in protecting intellectual property rights; coordinate research on strengthening the role of courts in dealing with intellectual property cases;
  3. Strengthening inspection, control and strictly handling violations of intellectual property rights, especially acts of infringing intellectual property rights in the digital environment;
  4. Improve the effectiveness of the implementation of measures to control import and export goods related to intellectual property;
  5. Actively and proactively detect, prevent and fight against intellectual property crimes; improve the efficiency of criminal investigation of intellectual property cases;
  6. Encourage the settlement of intellectual property disputes in the form of arbitration and conciliation;
  7. Encourage enterprises, organizations and individuals to actively protect their intellectual property rights by themselves;
  8. Enhancing training and retraining of intellectual property knowledge and skills for staff in charge of intellectual property rights protection;
  9. Expand socialization in parallel with improving the quality of judicial assistance activities on intellectual property; developing a team of intellectual property assessors; promote the development of intellectual property assessment services and legal consultancy services on the protection of intellectual property rights.

In respect of the solution group to enhance human resources for intellectual property activities, the National IP Strategy sets out 3 tasks:

  1. Develop an overall plan for development of human resources for intellectual property, with a focus on training highly qualified human resources; attract high-quality human resources at home and abroad to participate in intellectual property activities;
  2. Focus on professional training and fostering, raising the quality of human resources of state management agencies and intellectual property rights protection agencies;
  3. To build a number of intensive intellectual property training institutions with training and retraining programs suitable to each target group, with a focus on training experts in intellectual property management for enterprises.

The Appendix of the National IP Strategy mentions 8 priority tasks to be done by 2025 wherein 4 most important tasks in our opinion are:

  1. To amend the Intellectual Property Law, relevant laws and subordinate legislation
  2. To adhere to the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT) and other international treaties on copyright and related rights
  3. To make a scheme on building a database of copyright and related rights and management software systems, detecting violations in digital environment and in the internet

To make a scheme on improving the capacity of market management authorities in dealing with infringement of intellectual property rights by administrative measures.

Footnotes

[1] See page 3, Guidance for the development of an intellectual property strategy in countries in transition, Version Two: https://www.wipo.int/edocs/pubdocs/en/wipo_pub_transition_1.pdf

[2] Talking about the National Intellectual Property Strategy in developing countries, we probably cannot help but mention the experience in building and operating the National Intellectual Property Strategy of China which started to operate from June 2008. As we stated in the article (see link: http://bross.vn/newsletter/ip-news-update/Cung-luc-van-hanh-tot-3-tru-cot:-Khung-phap-ly-Toa-an-chuyen-trach-ve-so-huu-tri-tue-va-Thuc-tien-giai-quyet-tranh-chap-lien-quan-den-quyen-so-huu-tri-tue-la-nhung-diem-nhan-an-tuong-sau-10-nam-Trung-Quoc-thuc-hien-Chien-luoc-quoc-gia-ve-so-huu-tri-tue-13), China has more or less been successful with its intellectual property strategy by simultaneously operating three pillars at the same time: (a) legal basis, (b) a system of courts specializing in intellectual property, and (c) the practice of resolving intellectual property rights disputes in an effort to find a balance and harmonization of interests of the right holders, the public and the State.

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