HANOI: A draft law amending and supplementing several articles of the Law on Intellectual Property proposes abolishing 18 administrative procedures and cutting five business conditions, with the aim of making it easier for individuals and businesses to register, establish and exercise intellectual property rights.
The proposal was presented by Deputy Minister of Science and Technology Hoang Minh at a preliminary appraisal session on Monday held by the Standing Committee of the National Assembly's Committee on Legal and Judicial Affairs.
According to Deputy Minister Hoang Minh, the amendments seek to institutionalise policies on administrative reform and the reduction of investment and business conditions, streamline the administrative apparatus, and promote science, technology and innovation.
The draft law comprises three articles, focusing on two major areas: simplifying administrative procedures and cutting business conditions, and consolidating the State management focal point for rights to plant varieties.
Under the draft, the procedure for registering contracts on the transfer of industrial property rights would be abolished.
Instead, changes to information about the holder of a protection title resulting from a transfer would be handled through the procedure for amending the protection title.
For plant varieties, the draft proposes abolishing the procedure for registering transfers of rights. Changes to information about the holder of a protection certificate would similarly be made through the procedure for amending the certificate.
Detailed provisions on dossiers, procedures and processes for establishing rights to plant varieties would also be removed from the Law on Intellectual Property and delegated to the Government for detailed regulation.
The draft also proposes removing the business condition for providing intellectual property assessment services.
Under the proposed mechanism, organisations and individuals engaging in and providing such services would instead be required to make notifications.
The change is intended to facilitate business activities while maintaining requirements for State management, inspection and examination.
The official said the proposed amendments would abolish a total of 18 administrative procedures and cut five business conditions, thereby facilitating the exercise of intellectual property rights by individuals and businesses.
Another significant proposal is to transfer State management responsibility for rights to plant varieties from the Ministry of Agriculture and Environment to the Ministry of Science and Technology.
According to the draft's explanation, the change is intended to establish a unified management focal point and make use of existing digital infrastructure, databases and human resources.
It would also link plant variety protection more closely with science, technology, innovation and the commercialisation of intellectual property assets.
Deputy Minister Minh said the adjustment would strengthen the connection between plant variety protection and the broader ecosystem of science, technology, innovation and intellectual property commercialisation.
The transfer would not create a new administrative organisation or increase the State payroll.
The Ministry of Science and Technology has worked with the Ministry of Agriculture and Environment to prepare a plan for receiving the relevant responsibilities, personnel, dossiers and data, with the aim of ensuring that the transfer does not disrupt management activities or the handling of procedures for individuals and businesses. - VNN/ANN
