Circular 18: Two Cases of Revoking the Recognition of Initiatives

In Article 9 of Circular 18/2013/TT-BKHCN, it is stipulated that upon the request of an agency, organization, individual, the initiative recognition authority has the right to decide to annul the initiative recognition and notify the author, investor who created the initiative in the following cases:

Illustrative image (source: internet)

- The applicant for initiative recognition is not the direct author who created the initiative through their own creative labor as stipulated in Clause 5, Article 2 of the Initiative Regulation;- The object recognized as an initiative does not fully meet the conditions stipulated in Articles 3 and 4 of the Initiative Regulation promulgated according to Decree 13/2012/ND-CP, or the application, transfer of such object infringes upon the intellectual property rights of others.

Additionally, Circular 18 also sets forth several provisions that the author and co-authors of the initiative should consider, specifically:

- The initiative certificate can be made according to the form specified in Appendix III issued along with Circular 18/2013/TT-BKHCN.- The initiative certificate is issued to the author/co-authors of the initiative and the investor who created the initiative (if the author of the initiative is not also the investor who created the initiative). The initiative certificate serves as evidence of the initiative being recognized by a competent authority according to the Initiative Regulation.

See more regulations in Circular 18/2013/TT-BKHCN, effective from September 25, 2013.

Thu Ba

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