From July 27-30, 2016, a study visit to New Zealand for Intellectual Property (IP) enforcement and unticounterfeiting leaded by the MOST Chief Inspector- Mr. Tran Minh Dzung was made.
Under the tasks and functions assigned by Minister of Science and Technology and at the request of the MOST Inspectorate, Centre for Vietnam Science and Technology Internationalization Promotion (VISTIP) has arranged a lot of meetings among Mr. Dung’s delegation with Kiwi counterparts to study how IP rights and counterfeiting goods are enforced and combated in New Zealand.
MOST Delegation with NZTE colleagues (Photo by VISTIP)
In any country, IP rights have been enforced in different levels due to requirements of laws in each country or in other words due to wishes of management theory (managerial agency) to daily life (practical activities) in each country. This topic is very broad, complicated and related to many parties from organization to individual, from governmental sector to private one and from a national scale to the international one…
In order to see the full picture of IP enforcement and unticounterfeiting in New Zealand, VISTIP managed to have the delegation met with different people from governmental agency like the Ministry of Business, Innovation and Employment (MBIE)- the regulator, law firms (Gibsonsheat) – a third party, trade & enterprise organization(NZTE) and university (Victory University of Wellington)- IP right holder/inventor. With MBIE, the delegation can see how and which role the government like MOST should get involved in IP enforcement activity and how under the signed MOU, MOST and MBIE (former MORST) can cooperate to enforce IP rights in each country. With Victory University of Wellington and NZTE, the delegation can see clearly how the IP right holder/inventor can manage to protect and enforce his/her right and with Gibsonsheat- a third party, the delegation has seen clearly how the right holder or related parties can access and use the services of the third parties like law firms to deal with IP related disputes before any action may be taken by police, court and custom. In addition, with NZTE, the delegation has been introduced the New Zealand FernMark License Programme that promotes, protects and showcases New Zealand Products on global scale. This is a good program that Vietnam would like to learn from for its national products programme. In New Zealand, no one other than the IP right holders should be the key players to enforce their IP rights.
MOST delegation with the Gibsonsheat colleagues (Photo by VISTIP)
In conclusion or maybe a lesson learnt for Vietnam, the IP right holders/inventors should be well educated IP rights so that they themselves would understand or be fully aware of the rights they would have to protect and enforce properly their rights. Other important thing is the role of the third parties like the law firms regarding the IP enforcement. All disputes related to IP rights should be solved at the law firms or among parties before any involvement of police, court or custom agency./.
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Center for Vietnam Science and Technology Internationalization Promotion
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