Pham Hong Quat, deputy chief inspector of the
Ministry of Science and Technology, spoke with the newspaper Dat Viet
(Vietnamese Land) about the role of patents in increasing business
competitiveness.
What benefits do patents have for enterprises?
Many enterprises have developed science and technology products eligible for global patents, but have failed to register them.
Some of these products originate from State-level
research, but ownership rights remain unclear. Inventors do not want to
register their projects for fear of causing ownership disputes or
leaking trade secrets.
However, many are not aware that patents only
require between 70 and 80 per cent of the product design, and the rest,
which is usually the most important information, is kept secret. Without
advice from the inventors of these products, others have little chance
of replicating them.
After enterprises have registered their products,
they are given exclusive rights for their design, and can sue anyone
who infringes upon them.
If enterprises don't register their inventions,
others can replicate the same designs, and this has led to many
enterprises losing their exclusive rights.
Other enterprises only register their products in Viet Nam, which means they do not have international protection.
In your opinion, what can be done to increase patents in Viet Nam?
I think it is necessary to create faith among
inventors, to make them believe that their designs will be protected.
This will give them the confidence to register their products.
Enterprises should be aware of their products'
value and register for exclusive rights to enlarge export markets and
co-operation with foreign enterprises.
By doing so, they can stop other companies from stealing their market share.
Violations of intellectual property rights
are common and have become a thorny issue for authorities. What measures
will the ministry take to tackle the situation?
Technically, all countries must obey
internationally recognised patents. Vietnamese courts have started to
pay attention to this issue, but there are a shortage of experts and
judges with experience of this issue so the investigation and
prosecution process takes a long time. Ministry inspectors are currently
responsible for resolving cases.
We are implementing a solution which allows both sides to argue their case under the supervision of inspectors.
This can save time and improve the role of
lawyers to solve these issues. Many cases have been effectively solved
by this method, protecting the rights of invention owners. — VNS
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