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TTLV: The Impact of Science and Technology Policies on Patent Protection

Wednesday - October 19, 2011 21:11
Information about the thesis "The Impact of Science and Technology Policy on Patent Protection" by graduate student Hoang Thi Hai Yen, majoring in Science and Technology Management.
Information about the thesis "The Impact of Science and Technology Policy on Patent Protection" by graduate student Hoang Thi Hai Yen, majoring in Science and Technology Management.1. Student's Full Name: Hoang Thi Hai Yen 2. Gender: Female 3. Date of Birth: August 26, 1986 4. Place of Birth: Thuan Thanh, Bac Ninh 5. Decision No. 1355/2008/QD-XHNV-KH&SDH dated October 24, 2008, issued by the Rector of the University of Social Sciences and Humanities, Vietnam National University, Hanoi 6. Changes during the training process: None 7. Thesis Title: The Impact of Science and Technology Policy on Patent Protection 8. Major: Science and Technology Management; Code: 60 34 72 9. Scientific Advisor: Dr. Pham Phi Anh, Deputy Director, Vietnam Intellectual Property Office 10. Summary of thesis results: The thesis poses the research question "How has Vietnam's Science and Technology (S&T) policy from 2005 to the present affected patent protection?" and has proven the hypothesis that Vietnam's S&T policy from 2005 to the present has basically had a positive impact on patent protection: For creative activities: promoting creative activities; For rights establishment activities: increasing the number of patent applications, reducing the number of patent applications rejected during the formal examination stage; For commercialization activities: initially creating a legal and practical environment for the commercialization of inventions, increasing the number of commercially exploited inventions; Regarding the enforcement of rights: the number of patent-related disputes has shown a decrease since 2005 and is significantly lower than that of trademarks and industrial designs. However, these positive impacts have not been fully realized, and therefore, there are still limitations, and some may even become negative peripheral impacts: Regarding creative activities: the quantity and quality of creative activities are not commensurate with the existing potential, potentially turning creative activities into mere formal movements; Regarding the establishment of rights: the number and quality of patent applications from Vietnamese applicants remain very limited, and there are many obstacles in establishing rights for inventions funded by the state budget; Regarding commercialization: a clear legal basis and necessary material conditions have not yet been created to develop commercialization activities and improve the quality of commercialization of inventions. The state has no control over the commercialization of inventions. Regarding the enforcement of rights: administrative measures and regulations for handling infringements of invention rights have proven ineffective in enforcing these rights. Through an analysis of the impact of Vietnam's science and technology policy from 2005 to the present on patent protection, the author has also made recommendations to improve the effectiveness of patent protection in Vietnam. 11. Practical application: Proposing recommendations on science and technology policy to improve the effectiveness of patent protection in Vietnam. 12. Further research directions: - Solutions to improve the effectiveness of patent protection in Vietnam through science and technology policy tools; 13. Published works related to the thesis: - "Some shortcomings in the patent application examination stage in Vietnam" (Graduation internship report, May 2008). - “Assessing the impact of management mechanisms on the effectiveness of protection and enforcement of patent rights (Case study of patents in the pharmaceutical field)” (Basic-level scientific research project, University of Social Sciences and Humanities, Vietnam National University, Hanoi, Code: CS.2010.06, June 2011).

INFORMATION ON MASTER'S THESIS

1. Full name: Hoang Thi Hai Yen 2. Sex: Female 3. Date of birth: 26th August 1986 4. Place of birth: Thuan Thanh district, Bac Ninh province 5. Admission decision number: 1355/2008/QD-XHNV-KH&SĐH, Dated 24th October 2008 by Rector of University of Social Sciences and Humanities, Vietnam National University-Hanoi 6. Changes in academic process: 7. Official thesis title: “The Impacts of Science and Technology Policies on Invention Protection” 8. Major: Science and Technology Management; 9. Code: 60.34.72 10. Supervisors: Pham Phi An. PhD – Deputy Director General of National Office of Intellectual Property of Vietnam 11. Summary of the findings of the thesis: The research question of the thesis is: “How are the impacts of Science and Technology Policies of Vietnam from 2005 to now on Invention Protection?”. The thesis has demonstrated that Science and Technology Policies of Vietnam from 2005 to now has positive impacts on the effectiveness of Invention Protection basically, namely: - on creative activity: impulse the development of R&D (Research and Development); - on registration of invention: increase the number of applications of invention, decrease the number of declined applications of invention in the form testing period; - on commercialization of invention: get initial achievements of legal frame and material condition for commercialization of invention, increase the number of licenses of invention; - on enforcement of invention: from 2005 to now, the trend of disputes related to invention has fallen down and the number of disputes of invention has a small rate in comparison with those of trademark and industrial design. However, the above positive impacts have not been extremly exploited. In fact, these impacts have been limited and may become unanticipated negative impacts, namely: - on creative activity: the quality and quantity are still not symmetrical with the recent potentiality; futhermore, may have formalism in creative activity; - on registration of invention: the quality and quantity of applications of Vietnamese appicants has not increased; the registraion of inventions which made from national budget meets with difficulties; - on commercialization of invention: still has a really clear legal frame and material conditions for commercialization of invention; the nation may not control commercial activities related to invention; - on enforcement of invention: administrative measures and regulations of infringement treatment of invention has seemed to not effective for invention protection. Basic on impact analysis of Science and Technology Policies of Vietnam from 2005 to now on the effectiveness of invention protection, the author gives recommendations to enhance the effectiveness of invention protection in Vietnam. 12. Practical applicability: Providing the recommendation to enhance the effectiveness of invention protection in Vietnam. 13. Further research directions: How to enhance the effectiveness of invention protection in Vietnam; 14. Thesis-related publications: - Difficulties of the application testing period of invention in Vietnam (Graduated practical report, May 2008) - Assessment the impacts of management mechanism on the effectiveness of invention protection and enforcement (Case study on pharmaceutical inventions) (Research code: CS.2010.06, Universtity of Social Sciences and Humanities, Hanoi, June 2010)

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