In what cases are higher education institutions in Vietnam responsible for filing applications for protection of inventions and other intellectual property?
- In what cases are higher education institutions in Vietnam responsible for filing applications for protection of inventions and other intellectual property?
- How are scientific research activities of lecturers and students in higher education institutions carried out?
- What are technology transfer activities in higher education institutions in Vietnam?
In what cases are higher education institutions in Vietnam responsible for filing applications for protection of inventions and other intellectual property?
Article 13 of Decree No. 109/2022/ND-CP stipulates intellectual property activities in higher education institutions as follows:
Intellectual property activities in higher education institutions
1. The higher education institution shall develop a plan for implementation of intellectual property activities, issue regulations on exploitation of State-protected intellectual property and use other lawful intellectual property of the higher education institution, including:
a) In case the intellectual property is the result of a scientific and technological task funded by the state budget, the assignment of ownership rights to the higher education institution and return of the value shall comply with regulations of the law on intellectual property and the law on management and use of public property;
b) In case the intellectual property is formed from a scientific and technological task with the contribution of the sponsor, the higher education institution shall reach agreement with the sponsor on the assignment of ownership or co-ownership of the research results and profit sharing from production and business when research results are applied.
2. Higher education institutions are responsible for filing applications for protection of inventions, utility solutions, industrial designs and other intellectual property created from the higher education institution's budget and from state budget that the higher education institution is assigned to preside over the science and technology tasks as prescribed.
Thus, from March 1, 2023, higher education institutions are responsible for filing applications for protection of inventions, utility solutions, industrial designs and other intellectual property created from the higher education institution's budget and from state budget.
In what cases are higher education institutions in Vietnam responsible for filing applications for protection of inventions and other intellectual property? (Image from the Internet)
How are scientific research activities of lecturers and students in higher education institutions carried out?
In Article 14 of Decree No. 109/2022/ND-CP on scientific research activities of lecturers and students in higher education institutions as follows:
- Lecturers and postgraduate students are allowed to participate in or take charge of scientific and technological tasks at all levels and in scientific and technological activities of higher education institutions.
- Students are facilitated to perform scientific and technological tasks at all levels and in scientific and technological activities of higher education institutions.
- Students are facilitated to participate in scientific research and scientific and technological activities in higher education institutions
- Higher education institutions shall guide and prioritize resources for students' scientific research activities; stipulate expenditure amounts for scientific research activities of students, scholarships and sponsorship for scientific research of students and postgraduate students; create favorable conditions on time to attract students and trainees to participate in scientific research.
- Higher education institutions shall prescribe the number of hours of scientific research for lecturers to supervise students' scientific research topics; stipulate preferential regimes for lecturers who guide scientific research projects of students who win science and technology awards at all levels.
- Higher education institutions shall stipulate the reward and preferential regime for lecturers and other forms of reward and scholarship for students with outstanding achievements in science, technology and innovative activities.
What are technology transfer activities in higher education institutions in Vietnam?
Article 15 of Decree No. 109/2022/ND-CP stipulates technology transfer activities in higher education institutions as follows:
Technology transfer activities in higher education institutions
1. Higher education institutions promote the dissemination of research results, introduce scientific achievements and technical advances, and create conditions for groups and individuals to apply and transfer research results into real life and production and business, and at the same time provide scientific and technological services in higher education institutions.
2. Higher education institutions encourage their affiliated units and lecturers and students to implement technology transfer projects, guide legal procedures, sign contracts, and register technology transfer contracts.
3. Higher education institutions may transfer technology to domestic and foreign enterprises and organizations according to regulations, except for scientific and technological results that are classified as state secrets.
Thus, technology transfer activities in higher education institutions include:
- Higher education institutions promote the dissemination of research results, introduce scientific achievements and technical advances, and create conditions for groups and individuals to apply and transfer research results into real life and production and business, and at the same time provide scientific and technological services in higher education institutions.
- Higher education institutions encourage their affiliated units and lecturers and students to implement technology transfer projects, guide legal procedures, sign contracts, and register technology transfer contracts.
- Higher education institutions may transfer technology to domestic and foreign enterprises and organizations according to regulations, except for scientific and technological results that are classified as state secrets.
Decree No. 109/2022/ND-CP takes effect from March 1, 2023
Nguyễn Thị Hồng Nhung