Legal Counselling

Vietnam’s Decree No. 59/2017/NĐ-CP: Benefits arising from the utilization of genetic resources

16:23, 27/05/2017

On May 12, 2017, the Government of Vietnam issued Decree No. 59/2017/NĐ-CP on management of access to genetic resources and benefit sharing arising from their utilization.

According to Decree No. 59/2017/NĐ-CP of Vietnam’s Government, benefits arising from the utilization of genetic resources may be monetary on non-monetary.

1. Monetary benefits may include:

- Access fee(s) per sample collected; -

- Copyright payment;

- Royalties;

- Lump sum or milestone payments as agreed;

- Other monetary benefits.

2. Non-monetary benefits may include:

- Result exchange;

- Participation collaborative research and commercial product development;

- Access to relevant information about science and technology;

- Technology transfer to the Provider of genetic resources;

- Training in improvement of research capacity and development of genetic resources;

- Joint ownership of relevant intellectual property rights corresponding to the ratio of the achievements to the basis for access to genetic resources;

- Other non-monetary benefits.

View more details at Decree No. 59/2017/NĐ-CP of Vietnam’s Government, effective from July 01, 2017.

- Ngoc Duyen -

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