11 Japanese Experience for Promoting Patent Exploitation andTransfer of Technology to Industry and Development ofSuitable System of Patent Exploitation for Universities andIndustries in Japan and Vietnam in the Future(*)
Invited Researcher: NGUYEN Thi Phuong(**)

The goal of Vietnam is to become an industrial country by 2020. To achieve this goal Vietnam needs topromote innovation in businesses/institutions and to create new and higher value markets. To do so, the creation,protection, and exploitation of innovative ideas are crucial. Vietnamese Government hasn’t got until now astrategy for IP development to promote creation, protection and exploitation of IP. For many decades and until
now, IP, especially patent has been being under-utilized by almost all Vietnamese businesses/institutions. For thisreason, their products cannot compete with the products of other countries in the region, not mentioned the global
markets. Japan has had good lessons/experiences in developing and implementing policies/measures for creation,
protection, and exploitation of innovative ideas and IP system of Japan has become one of the strongest ones in theworld. Therefore, this research aimed at drawing an overview of IP/patent utilization in Japan and the way topromote the transfer technology, and innovation to industry. From Japanese experience, the Ministry of Scienceand Technology (MOST) in Vietnam and the National Institute of Patent and Technology Eploitation(NIPTEX) under MOST can use this research result as a guideline or reference document for building astrategy on IP for Vietnam in the near future and apply some suitable measures and projects to promote
IP/patent exploitation in Vietnam. Although Vietnam and Japan have different backgrounds but we hope thatexperiences of Japan would be very useful for Vietnam in this regard.

Ⅰ Exploitation of Patent andTransfer of Technology in Japan
This chapter introduces that the intellectual
property strategy of the Japanese government
and the legal framework have been developed tofacilitate the promotion of the exploitation of
intellectual property (hereinafter, sometimes, IP).
A series of measures and programs has been
applied for activation of intellectual property
cycle (supports for universities and privatecompanies from creating stage to licensingstage).
1Intellectual Property Strategy 1 andLegal Framework for IP Exploitation inJapan

In this section, the Intellectual Property
Strategic Program 2003 established by theJapanese government and all acts related to IP
and university technology transfer in order topromote IP utilization and technology transfer arepresented, creating a legal framework andfavorable conditions to implement the IP Creation
Cycle. Under the direction of Japanese
government, the IP Strategic Programs haveeffectively deployed during the years and theuniversity-industry transfer system is now at its
turning point in the offing, putting that Japanese
economy becomes one of the major economic
powers in the world and leading on innovation.
2Measures for Activation of Intellectualproperty Cycle (supports for universities
and private companies from creatingstage to licensing stage)2

The intellectual creation cycle would beincomplete without the adequate usage ofintellectual properties. In other words, the cycle
will start from creating the intellectual property
and then go to registering the right but will finish
with its exploitation which produces earning that(*) This is a summary of the report published under the Industrial Property Research Promotion Project FY2012
entrusted by the Japan Patent Office.
(**) Deputy Director, National Institute of Patent and Technology Exploitation (NIPTEX), Ministry of Science andTechnology (MOST), Vietnam●IIP Bulletin 2013 Vol.22

1 ●will be used for further technology development.
It is with such mechanism that Japan will be able
to revitalize its economy and enhance its
international competitiveness3.
With the effort to encourage patent licensing,during recent years, the INPIT (National Center
for Industrial Property Information and Training)in accordance with JPO (Japan Patent Office)comprehensively pushed forward many projects
under three pillars: Promoting Patent Licensing
by Using Expert, Provision of Licensable PatentInformation and Promotion of Active Utilizationof the Information; and Establishing anEnvironment Conducive to the Support for
Fostering IP Trade Businesses.
These measures and programs have beenimplemented from 1997 until 2010 and manyother new programs have been developed, bring
the real efficiency for universities and Japaneseenterprises in recent years.
3Conclusion

Japan has built a great strategy, roadmap andreasonable support program implemented by thegovernment to solve the difficulties ofenterprises and universities, then, plus the spiritof the Japanese people, this strategy was reallyeffective, giving the prosperity of the country ofJapan today.
4Recommendation

Although the exploitation of patents in Japanis carried out effectively with clear roadmap but
personally I found that the cooperation between
universities, Japanese TLOs with universities
and TLOs in the world should be intensified
because it will be also an effective way toexchange and develop the new technologies.
Also from international cooperation, theJapanese TLOs and TLOs of other countries cancollaborate to create a network to provide
information on licensable patents together.
Japan innovation4 should be taken place also
in others countries as in Europe, America or Asia.
The Japanese Organization Committee can focus
on some priority areas of technology trend in thefuture. This is also a way to enhance thecompetitiveness and the image of Japan in theworld.
The support for Asia-Pacific region byJapanese government, especially for developing
countries is encouraged in order to shorten thetechnology gap between developed and●developing countries, and will enhance the imageof Japan in the international arena.

Ⅱ Exploitation of Patent andTransfer of Technology in Vietnam
1

Overview on Intellectual Property Lawand Remarks for Business in Vietnam 5

The National Assembly of Vietnam passedthe Intellectual Property Law (IP Law 2005) on
November 19, 2005 which came into force on July
1, 2006. The enactment of the IP Laws 2005 wasa significant milestone of Vietnam in developing amodern system of intellectual property
legislation which is in harmonization with the IP
legislation of developed countries and meets
international norms and standards. On 19 June2009 this Law is amended to clarify theinconsistencies to ensure Vietnam’s better
fulfillment of the obligations under TRIPS and theUS-Vietnam
Bilateral
TradeAgreements,
especially since its accession to WTO on 11January 2007.
But like many other developing countries inAsia, due to limited knowledge and expertise inintellectual property of staff of enforcement
authorities and the concept of intellectual
property in general and industrial property inparticular is still something rather new to thegreat majority of Vietnamese people, intellectual
property infringements in Vietnam are in alarmand have become more and more complicated andserious. Foreign enterprises should carefully
consider applying for intellectual property
protection well in time in Vietnam to which they
are likely to export or license their product orservice in the foreseeable future.
Therefore, it is requisite and advisable forcompanies and enterprises doing business inVietnam, to obtain intellectual property rights
protection in Vietnam in order to protect anddevelop their business.
2

Current situation on Industrial Property
Registration in Vietnam6

From the statistics of National Office ofIntellectual Property (NOIP)7 , from 2000 to 2010,
we can see clearly that the number of patentapplications filed in NOIP is very low. There are a"gap" between application filed by Vietnamese
people and the application by foreigners, and it ismore worried that the gap is not shorten during
the last 6 years.
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In 10 recent years, the East Asian countries
are evaluated emerged new centers on theinvention of the world, with the rate ofapplication abroad is increasing. According to theWIPO, the number of patent applications abroadin Vietnam is still also very "modest".
According to WIPO 8 , the trend of patentactivity is a sign for evaluation of industrial
activities
worldwide.
Ineachcountry,development of patent activity reflects the abilityof international integration of countries into theglobal industrial activity. Therefore, if consideredby this vision of WIPO, Vietnam, with too little
amount of PCT as at present, has not reallyentered the increasingly rapid turnover of theindustry in the world.
3

Current
situationofIntellectual
Property exploitation in Vietnam9(1) Current situation
According to Information Center of NOIP in
Vietnam on 2012, the exploitation and utilizationof patent in Vietnam is still limited. In fact,
Vietnamese researchers and enterprises have
hardly ever used or paid attention to the patent
information sources; therefore, they do not know
how to exploit such resources to serve their R&D
activities and apply into their business.
The exploitation of patent information has
been settled by the National Office of Intellectual
Property (NOIP) for many years. However,
NOIP’s main function is to examine and grantindustrial property rights, so the results achieved
from the exploitation of patent information arevery modest.
In this context, the foundation of National
Institute of Patent and Technology Exploitation(NIPTEX) which was aim to promote patent
exploitation and utilization activities is necessary.
(2) Reasons of current situation
There are many reasons10 for this situation
when analyzed from the situation of enterprises,universities, inventors. In general, the businessdoes not see the role and importance of this issue.
The patent is only personal work, not collective.
Universities when they do research don’t pay
much to the needs of the enterprise and therelationship between the University and thebusiness is not really strong. There aren’t many
activities organized to match the seed ofUniversities, Institutes with the needs of theenterprises. Further, the use of the state budgetfor research activities is not really effective●IIP Bulletin 2013 Vol.22

because the research results are not put into
implementation and application...
(3) Some proposed solutions for thiscurrent situation
From this current situation, NOIP in
Vietnam have some proposed solutions 11 inorder to improve the current situation, below its
propositions:(i) Improvement of national IP policies and legal
framework(ii) Encourage enterprises promote creation
activities, protection and exploitation ofpatents through:(iii) Promoting supports and consultations:(iv) Strengthening the collaboration between
resarci
institutions,enterprises
andconsultative organizations making contribution
to development of technology commercialization.
Enhance supports for research projects
ordered by enterprises toward scientists.
(v) Promoting “Reverse Engineering” formaster technology, especially to small andmedium enterprises in Vietnam.
(vi) Developing Technology/Enterprise incubators(vii) Developing technology transfer organizations,(viii)Study the experience of other countries (suchas Japan, South Korea, Taiwan), andmechanisms to promote patent exploitation
activities and transfers technology forenterprises.
Dr. Lê Nết, professor, researcher on IP
exploitation, he also has proposed somesolutions12 based on the viewpoint of researcher,it’s necessary to:(i) Enhance the awareness on IP for people
workingatuniversities,
Research
institutions, and Enterprises; Training
human resource on IP to support IP
activities in Universities and Industries.
(ii) Use effective the State Budget reserved for
Science and Technology; Promoting relations
betweenIndustriesandUniversities;
Creation good conditions for transfer oftechnology from research results inUniversities to industries.
(iii) Complement and perfection of IP Law inVietnam to promote IP creation and IP
exploitation.
Another researcher, Mr. Phan Quoc Nguyen,from National University Of Vietnam haveproposed some recommendations for promoting
creation and exploitation of Patent in Universities
3 ●from the viewpoint of IP expert after his study on
experience of different countries on IP creationand exploitation(i) Necesities to specify IP management
activities in Universities(ii) Fostering and enhancing the relationships
between universities and bussines tomatching the seed of universities to the needof industries.
(iii) Promotion IP exploitation
In order to enhance technology transfer andpromotecommercializationofintellectual
property, the school should have a fundamental
change in perception as follows:- Makeahabit,
behavior
towards"commercialization" technology products.
- Encourage R&D Units in the Universities topromoteitsresearch
results
withhigh-capacity applications registering IPR for
patent right.
- Apply award system to encourage scientists,based on the commercial value of theirinitiatives.
- Taking measures to award and celebrate thescientists having intellectual property
certified by competent Agencies of IP.
(i) Clarify ownership and distribution ofroyalties from research results by using theState Budget(ii) Etablishsement of Department in charge ofIPR
4Current IPR Policies in the New IP Lawin Vietnam

Actually, the Movement of Vietnam has
promulged the Policies in the new IP Law inorder to promote IP exploitation 13 . The State
encourages and promotes creation activities,exploitation of intellectual property assets tocontribute to the socio-economic development
and improve people's material and spiritual life.
The state can provide financial assistance toreceiving assignment and exploitation ofintellectual property rights for the publicinterests; encourage national and foreignorganizations, individuals to finance activities ofcreation and protection of intellectual property
rights.
5

Supports from Vietnamese Governmentfor IP Activities in Recent Years
In recent years, especially after the enaction●of the Intellectual Property Law 2005, theGovernment of Vietnam has many efforts andimportant policies aimed at creating a favorable
legal framework for IP activities in general andpatent exploitation in particular.
6NOIP’Activities to Promote IntellectualProperty14

In order to promote Intellectual property,
The National Office of Intellectual Property(NOIP) in Vietnam have many efforts andcarrying out many activities to promote this area,
but its main function and activities focus on :Supporting the Ministry of Science and Technology
for Drafting State Laws, Regulations andDocuments related to IP; Receiving Application file,Examination and Grant the Rights for Patent,
Utility Solution, Trademark, … Patent Protection
and settlement of disputes regarding Intellectual
Property;
It is recognized that NOIP has great efforts
to promote IP in Vietnam but the side of IP
exploitation are still very modest. In this context,
the foundation of National Institute of Patent andTechnology Exploitation (NIPTEX) by Ministry ofScience and technology - MOST which was aim topromote patent exploitation and utilization
activities is necessary.
7

Etablishsement of Institute of Patentand Technology Exploitation in Vietnam(NIPTEX) – MOST

In Vietnam, the National Office ofIntellectual Property (NOIP) has stored morethan 30 millions of Patent Descriptions withhuman precious knowledge/know-how which has
not been exploited, studied and utilized yet. Overlast years, the NOIP has tried to exploit and offer
patent information services for readers across thecountry but not so efficiently.
Therefore, the National Institute of Patent
and Technology Exploitation (NIPTEX) isresponsible for promoting EXPLOITATION,RESEARCH AND UTILIZATION OF PATENT.
NIPTEX will seek the technology from Nationaland International Patent Resource for Supporting
Industries in Vietnam through Activities:
Negotiate for buying a License with reasonable
price; Exploiting Patent not registered in Vietnam
in order to continue the Research for Mastering
Technology, Adapting with Conditions in Vietnam;
Exploitation of technology from Patent expired
without violation of IPRs.
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Ⅲ Conclusion and Recommendations
From the analysis of the IP exploitation ineach country and the current situation in Vietnam,
we can see the difference of concept on "IPExploitation "in Japan and Vietnam.
In Japan, the Patent Exploitation is deployedmainly from patents invented in the country.
Japan has built an Extreme Advanced System forTransfer of Technology. This way created theprosperity of Japan today. Meanwhile, in Vietnam,
the Patent Exploitation is seeking TechnologyfromInternational
PatentResourcefor
Supporting Industries in Vietnam throughActivities: Negotiate for buying a License withreasonable price; Exploiting Patent not registeredin Vietnam in order to continue the Research for
Mastering Technology, Adapting with Conditions
in Vietnam; Exploitation of technology from
Patent expired without violation of IPRs.
Personally I really love, admire and respect
the development of the country of Japan, theJapanese people as well as their willpower.
Current success and prosperity of the country
Japan thanks to science and technology
development strategy appropriate policies tobuild a country based on intellectual property
with real support effective from the government
and the spirit of Japanese people, Japan has reallydeveloped and have an important role as well as
the positive impact on the world.
Vietnam is now on the way ofindustrialization and modernization of the country.
The Major goal that the Vietnamese Government
launched and would like to make is that by 2020,
Vietnam will basically become industrialized. To
accomplish this goal, Vietnam has built a scienceand technology development strategy from now
to 2020, the innovation of science and technology
programs. But I personally think that, to besuccessful, in addition to building strategic,
Vietnam should learn experience from othercountries, then adapt to conditions in Vietnam.
Particularly in the field of patents exploitation,technology transfer patent to Enterprise,
Vietnam expects to receive the Assistance andSupport from different countries especially fromJapan. By sharing experience, technical supportand Training Human Resource in different
domains.

compiled from Annual Report 2011 – Japan Patent
Office and read more at
http://www.kantei.go.jp/foreign/policy/titeki/kettei/0307
08f_e.html
3See Hisamitsu Arai, supra note 1.
4
Information from http://www.jst.go.jp//tt/EN
5
Informtions compiled from IP Law 2005; IP Law 2009,
Vietnam
6
Information complied from National Office ofIntellectual Property (NOIP); Project from Dr Le Net;
Article from Dr. Phan Quoc Nguyen
7
Read more at http://www.noip.gov.vn/
8
WIPO report 2011
9
Informations compiled from NOIP report 2009, 2010,2011, Project of Dr Le Net:
http://www.lctlawyers.com/news/publications/DHL_NC
KH_Patent_Management_2009.pdf, Article of Dr Phan
Quoc Nguyen
10
Information compiled from NOIP report, project of Dr.
Le Net, read more at
http://www.lctlawyers.com/news/publications/DHL_N
CKH_Patent_Management_2009.pdf
11Information compiled from NOIP report 2011,201212
http://www.lctlawyers.com/news/publications/DHL_NC
KH_Patent_Management_2009.pdf13Chính sách của Việt Nam về khuyến khích hoạt độngsáng chế và khai thác sáng chế - Phạm Hồng Quất,Trần Giang Khuê, Nguyễn Thanh Bình14
Informations compiled from NOIP report 2011, 2012

1See Hisamitsu Arai “Intellectuale Property Strategy inJapan” International Journal of Intelectual Property
Law, Economy and Management 1 (2005), pp.5-12.
2
Informations related measures and programs are●

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