UEH Intellectual Property

MINISTRY OF EDUCATION AND TRAINING UNIVERSITY OF ECONOMICS HO CHI MINH CITY	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No: 1396/QĐ-ĐHKT-QLKH	TP. Ho Chi Minh City, May 11, 2015

DECISION
The Regulation on Intellectual Property Management

of University of Economics Ho Chi Minh City

 

REGULATIONS
Intellectual Property Management of University of Economics Ho Chi Minh City
(Issued under Decision No: 1396/QĐ-ĐHKT-QLKH of May 11, 2015 of the President of University of Economics Ho Chi Minh City)

Chapter I

GENERAL PROVISIONS

Article 1. Definition and Abbreviations

Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyright and rights related to authors, industrial property rights and other rights under the Law on Intellectual Property No. 19/VBHN-VPQH of the National Assembly Office passed on December 18, 2013.

Copyright is the right of organizations and individuals to works created by themselves or owned by themselves.

Personal rights are rights associated with the author, which exist indefinitely and cannot be transferred. Personal rights include: (i) The right to name works; (ii) The right to take a real name or pseudonym on the work; having their real name or pseudonym announced when the work is published or used; (iii) The right to publish works or allow others to publish works; (iv) The right to protect the integrity of the work, not to allow others to correct, mutilate or misrepresent the work in any way that harms the honor and prestige of the author.

Property rights are the rights of the Copyright Owner, including: (i) The right to make derivative works; (ii) The right to perform the work in public; (iii) The right to reproduce the work; (iv) The right to distribute or import originals or copies of works; (v) The right to communicate the work to the public by means of radio, electronic information network or any other technical means; (vi) The right to lease originals or copies of film works or computer programs.

Intellectual property in this Regulation is abbreviated as IP.

Authors are individuals or groups of individuals who directly create literary, artistic and scientific works protected by the Law on Intellectual Property No. 19/VBHN-VPQH of the National Assembly Office passed on December 18, 2013.

The work is a creative product in the field of science, literature, art shown in any means or form.

University of Economics Ho Chi Minh City in this Regulation is referred to as UEH.

Identifying the IP rights holder of the University of Economics Ho Chi Minh City is the determination of the conditions for the University to hold one, some or all of the property rights to the work and other IP objects.

Article 2. Scope of Adjustment and Targeted Subjects:

1.  Scope of Adjustment

This Regulation provides the detection, declaration, determination of ownership, registration of establishment of ownership, usage and commercial exploitation of IP generated from resources at University of Economics Ho Chi Minh City.

1.  Targeted Subjects

This Regulation applies to units affiliated with the University, officials and students under the management of the University and organizations and individuals outside the University related to IP under the conditions specified in this Regulation.

Article 3. Objectives of IP Management Activities

University of Economics Ho Chi Minh City encourages honesty and creativity in research, teaching and provision of training services of units and individuals in the University; promotes mutual respect, establishment and effective employment of IP rights of the University.

Article 4. Determining Intellectual Property at University of Economics Ho Chi Minh City

1.  Intellectual Property of the University

Intellectual Property of University of Economics Ho Chi Minh City is the IP rights protected under Vietnamese law created by officials, employees and students under the management of the University, if one of the following three conditions is met:

• For lecturers: Using the University’s funding and/or other funding through the University and having a written agreement with the University that all IP objects created from the use of the above funding sources are owned by the University
• For departmental employees working within allotted office hours: Using the administrative working time as prescribed by the University, or using the facilities and equipment of the University and having a written agreement with the University that all IP objects created during the use of the above administrative working time are owned by the University;
• For all other organizations and individuals: Having been assigned tasks by the University or having signed a contract with the University to create works/products at the request of the University, where it has been agreed that all IP objects created in the process of performing assigned tasks are owned by the University.

1. IP Subjects of the University

IP is created from one of the factors specified in Item 4.1 above managed by the University, which specifically includes:

• Products of scientific and technological research topics, projects and tasks;
• Training programs, assessment criteria, subject descriptions, syllabus, lecture outlines, research situations, entrance exam papers, exam papers, graduation exam papers and answers managed by the University;
• Textbooks, specialized materials, references, scientific reports;
• Articles published on the website of the University and its affiliated units;
• Confidential databases and information of commercial value which are stored and managed by the University;
• Initiatives, improvements, useful solutions, industrial designs, patents;
• Computer programs, technological processes, technical advances, management processes, regulations, policies and initiatives to improve management processes;
• Logos, service labels, brand recognition system, secretly providing research, training, consulting and business services;
• Photos and documentaries to promote the University's brand/trademark/reputation.

1. Authorship of Lecturers

If there is no other agreement, when one of the conditions specified in Item 4.1 is not met, authorship and copyrights will belong to the lecturer who created the work, especially syllabus, lectures, teaching materials and other researches (in any form: prints, soft copies, video recordings, audio recordings, or other forms of derivatives).

Lecturers are obliged to annually declare their published research works and commit to prioritize the transfer of the right to publish and employ all the works they have created to the University of Economics Ho Chi Minh City for research and teaching purposes within the scope of the University, should the University require so.

1. Authorship of Student's Dissertation or Thesis

If there is no other agreement, when one of the conditions specified in Item 4.1 above is not satisfied, the authorship to all graduation thesis courses, the thesis and dissertation belongs to the student. The student commits to transferring the rights to publish and employ all works that he/she created to UEH, free-of-charge, in service of researching and teaching purposes, within the scope of the University, should the University require so.

Chapter II

INTELLECTUAL PROPERTY MANAGEMENT

Article 5. IP Management Content

1. IP Management Team

The President of University of Economics Ho Chi Minh City decided to establish an IP Management Team concurrently led by the Head of the Research Management – International Relations Office and a number of other members representing the training and management units in the University. All IP Management Activities will be directly supervised by the Vice President in charge of scientific research activities.

1. Functions of The IP Management Team

The IP Management Team is the agency advising the President to promulgate regulations on IP management; store information about IP objects created in the University’s operation; be authorized to register authorship/copyrights and register other IP protection certificates for IP subjects of the University, responsible for propagating and disseminating IP awareness to officials and students in the University; prepare the necessary conditions to gradually commercialize the IP subjects of the University; responsible for proposing and organizing the implementation of IP protection measures as well as resolving IP-related disputes from the University's activities under the authorization of the President.

1.  Tasks of the IP Management Team

• To organize the elaboration and implementation of plans on management of IP activities;
• To organize the recognition, declaration and management of IP;
• To organize and implement the establishment of IP rights;
• To supervise the enforcement of IP rights, detect violations, especially copyright infringement, coordinate with law enforcement agencies to prevent and combat IP rights violations within the scope related to the school's activities.

Article 6. IP Detection, Notification and Recording

1.  IP Detection

The units of the University are obliged to notify the IP Management Team of results and products generated during the training and implementation of scientific and technological activities of individuals of their units. When requested by the IP Management Team, relevant units shall provide dossiers of scientific and technological tasks, initiatives - improvements, compilation of textbooks, lectures, reference materials, references, thesis.

1.  IP Announcing

Collectives and individuals, when performing tasks capable of creating IP specified at Item 4.1 of this Regulation, are responsible for notifying the IP Management Team.

1.  Recognizing and Identifying IP

Management team records IP records that have been discovered, notified and certified that the author has notified the IP.

Article 7. Process of IP Registration

After creating IP, the author is obligated to notify the University's IP Management Team to receive assistance when registering IP rights according to the following process:

• The author to prepare the application according to the form and instructions of the IP Management Team;
• IP Management Team to support the application, fees and charges to the Copyright Office of Vietnam or Intellectual Property Office of Vietnam;
• If the application must be corrected at the request of the certification-granting agency, the IP Management Team shall notify the author for adjustments within the time limit prescribed by this agency;
• Once the application result is released, the IP Management Team must inform the author;
• If the certificate is issued, the IP Management Team will save a copy and send the original to the author.

Article 8. Determination of IP Ownership of the University and its affiliated partners

1. Co-ownership

For IP objects created with the capital of the University and its external affiliated partners, the ownership ratio corresponds with the capital contribution ratio of each party.

1. Employment of Joint Ownership

The author(s) of the co-owned IP rights is not allowed to transfer authorship or exercise their IP rights without the consent of the University as a co-owner of IP rights.

1. Respect IP Rights Commitments with Partners

• All University Faculties/affiliated units, staff, students under the management of the University must respect and implement the University's IP commitments and agreements with University Partners in the purchase and use of textbooks, teaching materials, learning materials, reference materials, training programs, or other electronic materials.
• Copies of textbooks, references, monographs are strictly forbidden to be used in the University's teaching and learning facilities.

Article 9. Assessment of IP Commercial Exploitation Capabilities

The IP Management Team evaluates IP commercial exploitation capabilities according to the following main contents:

• Identify commercially exploitable factors;
• List, analyze and evaluate potential partners wishing to use IP;
• Evaluate the feasibility of forms of commercial exploitation of IP.

Article 10. Commercial Exploitation of IP

1. Exploitation Policy

The Intellectual Property Management Team and the IP rights author(s) are responsible for commercial exploitation of IP in order to bring prestige and income to the University, its co-owners and related individuals.

1. Priority on commercial exploitation of IP

Works created by staff, individuals and students under the management of the University are prioritized to be transferred to the University for research, teaching and service provision of the University.

1. IP Transfer

Authors who are co-owners of IP subjects may not transfer IP without the University's consent as co-owners.

Article 11. Distribution of Income from IP Commercial Exploitation

1. For IP rights that are a common property between the University and its affiliated Partners

The income share ratio from commercial exploitation of IP rights as a common property between the University and its affiliated Partners are equivalent to the ownership ratio as stated in Article 8.1 above.

1. For IP rights owned by the University

Division of income derived from the exploitation of IP rights owned by the University: after deducting expenses, income is divided according to the proportion agreed by the related parties. In the absence of an agreement, the income is divided according to the following proportions:

• Author who created the work or IP object:                                                 40%
• Intellectual property management team:                                                     15%
• Faculties, subjects, and direct management units of the author:                 15%
• University:                                                                                                   30%

1. Using the University's Income

The University will use the income earned from the exploitation of IP for the purpose of investing in science and technology development and for the welfare and reward fund.

Article 12. Confidentiality / Information security

The IP Management Team, collectives and individuals are obligated to keep confidential information related to training, science - technology and other activities capable of creating IP.

Article 13. IP activity plan

1. The IP activity plan is built into the annual and 5-year science and technology plans of the University and all departments.
2. The IP Management Team organizes and guides the departments/units to formulate the plan and complete the University's plan.
3. The basic contents of the plan include:

• Overall objectives;
• IP forecasts expected to occur/arise in the University's activities;
• Receive preliminary declaration and assessment of protection capacity and commercial potential of IP's;
• Determination of IP rights, analysis and evaluation of potential commercial markets, organization of negotiation and conclusion of contracts for transfer of intellectual property;
• IP information activities;
• Finance for IP activities;
• Solutions for implementation of the plan;
• Proposals on implementation and supervision of implementation of the plan.

Article 14. Finance for IP activities

1. Funding for IP Management

University of Economics Ho Chi Minh City approves annual funding for IP management on the basis of the IP Management Team's proposal based on specific activities to identify, establish and protect and exploit IP rights from its activities.

1. Funding for Copyright Registration

The University supports 100% of the fees, fees for registration of copyright and other IP of officials under the management of the School.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 15. Responsibilities of the IP Management Team

IP Management Team is responsible for disseminating, guiding, and urging and inspecting the implementation of this Regulation.

Article 16. Settlement of disputes over IP

1. Intellectual property disputes are encouraged to be resolved by mediation. The IP Management Organization is the focal point to organize the reconciliation of IP disputes.
2. In case of unsuccessful reconciliation, the IP Management Team proposes a resolution solution to the President for approval.

Article 17. Commendation and Handling of Violations

The IP Management Team proposes the form and level of commendation for collectives and individuals who have properly implemented the Regulations and discipline collectives and individuals that violate the Regulations./.