Circular 18: Guidance on Application and Transfer of Initiatives

The application and transfer of innovations are guided for implementation in Article 10 of Circular 18/2013/TT-BKHCN as follows:

Regarding the rights of the investor who creates the innovation, and the author of the innovation: The investor who creates the innovation, and the author of the innovation have the right to apply the innovation and transfer the innovation to other organizations or individuals for application in accordance with Clause 1 and Point d Clause 2 Article 9 of the Innovation Charter, but do not have the right to prohibit others from applying and transferring the innovation outside the establishment's scope.

However, the author of the innovation does not have the right to apply or transfer the innovation to other organizations or individuals if there is such an agreement between the investor who creates the innovation and the author of the innovation, reflected in the following documents:

- Contracts (e.g., separate written agreement on the right to apply and transfer the innovation, investment contract to create the innovation, work hiring contract, labor contract, recruitment contract...);- Regulations of the investor who creates the innovation that the author as an employee in the agency or organization must comply with (e.g., regulations on the rights and obligations of employees, regulations on innovation activities...).

In case of discrepancies between the contract and the regulations of the investor who creates the innovation that the author as an employee in the agency or organization must comply with, the regulations agreed upon by the parties as expressed in the contract shall apply.

Illustrative image (source: internet)

Additionally, organizations or individuals applying the innovation must bear legal liability if the application of such innovation infringes upon the intellectual property rights of other organizations or individuals.

In the case where the investor who creates the innovation, and the author of the innovation transfer the innovation for others to apply, and the application of such innovation infringes upon the intellectual property rights of other organizations or individuals, the investor who creates the innovation, and the author of the innovation (the transferor) shall only be liable for compensation for damages caused to the transferee by the application of such innovation, if there is such an agreement between the parties in the innovation transfer contract.

Circular 18 stipulates that the transfer of innovations is carried out according to the agreement between the parties, in accordance with the legal provisions on civil contracts, and technology transfer contracts, depending on the content of the agreement and the transferred innovation.

View the full text of regulations at Circular 18/2013/TT-BKHCN effective from September 25, 2013.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE