Perfecting the Law on Technology Transfer to promote innovation

Minister Nguyen Manh Hung said that the amendment of the Law on Technology Transfer aims to perfect the legal framework to promote effective and synchronous technology transfer activities.

On the morning of October 31, continuing the 10th Session, under the direction of Vice Chairman of the National Assembly Tran Quang Phuong, the National Assembly listened to the Presentation and Report on the review of the draft Law amending and supplementing a number of articles of the Law on Technology Transfer.

Panoramic view of the plenary session in the Hall on the morning of October 31. (Photo: quochoi.vn)

Perfecting the law, opening up technology

Presenting the draft law, Minister of Science and Technology Nguyen Manh Hung said that the law amendment aims to perfect the legal framework to promote effective and synchronous technology transfer (TGT) activities, in line with practical requirements and socio- economic development policies, and catch up with world trends in TGT.

The law aims to increase decentralization, simplify administrative procedures, improve information and statistics to serve State management. Along with that, the draft law also promotes innovation and opens up technology flows between organizations, businesses, research and educational institutions.

The Minister emphasized that the draft law institutionalizes the Party and State's viewpoints on science and technology development, innovation and digital transformation. Specifically, the amendments aim to consider enterprises as the center of technology application and innovation, prevent the import of outdated technology, and at the same time absorb and master advanced technology suitable to Vietnam's conditions.

Minister of Science and Technology Nguyen Manh Hung presents the Draft Law. (Photo: quochoi.vn)

The draft focuses on amending and supplementing 6 policy groups. Specifically: Expanding the scope of high technology; adding strategic technology and priority transfer objects; regulating technology appraisal not only in investment projects but also at the request of organizations and individuals.

The Law supports the promotion of endogenous technology transfer and commercialization of research results; clearly stipulates ownership rights, technology usage rights, and technology capital contribution.

The State transfers ownership of technology to organizations that create technology using the budget, and can purchase and disseminate technology to serve public purposes; regulates cases of compulsory technology transfer in accordance with international law.

In addition, the draft supplements policies for developing the science and technology market, allocating budgets for developing networks of intermediary organizations, and encouraging public-private partnerships to attract social resources.

Clarifying ownership and valuation

Reporting on the review of the draft law, Chairman of the Committee for Science, Technology and Environment Nguyen Thanh Hai said that the Committee basically agrees with expanding the scope of subjects of technology transfer, especially green technology and clean technology.

However, the expansion of technology appraisal beyond the scope of investment projects needs to be reviewed to ensure feasibility and consistency with relevant laws.

Chairman of the Committee for Science, Technology and Environment Nguyen Thanh Hai presents the inspection report. (Photo: quochoi.vn)

Regarding the State's policy on technology transfer activities, the Committee recommends that the drafting agency closely follow Resolution 57 of the Politburo. Specifically, it is necessary to supplement preferential policies and support small and medium-sized enterprises in research, reception, innovation and application of technology.

At the same time, there needs to be an effective incentive mechanism to spread technology from FDI enterprises to domestic enterprises.

Regarding the right to transfer technology, Ms. Nguyen Thanh Hai proposed adding a mechanism to prove ownership or right to use technologies that are not protected by intellectual property rights such as technical secrets, formulas, production processes, drawings, special designs... to ensure feasibility when implementing.

Regarding capital contribution by technology, the Committee agrees with the revised orientation to unblock research results and intellectual property that are being "frozen". However, allowing self-determination of the value of contributed technology can lead to the risk of "inflating" the value, creating "virtual capital" or transfer pricing for tax evasion. Therefore, there needs to be a control mechanism, strict sanctions and deterrent handling measures.

Regarding the State’s purchase and dissemination of technology, the Committee agrees with the policy but requests clarification of funding sources, monitoring mechanisms, and the relationship between “purchase of technology for dissemination” and “compulsory transfer” under the Intellectual Property Law. At the same time, it is necessary to clarify the criteria for selecting and pricing technology and the security mechanism.

In addition, it is necessary to clearly define the authority, the concept of "emergency" and separate criteria for defense and security technology.

The Committee also proposed to continue perfecting regulations on State management responsibilities, interpretation of terms, enforcement effect and transitional provisions, ensuring consistency and synchronization in the legal system when the Law is promulgated.

Dang Duong

Source: https://vtcnews.vn/hoan-thien-luat-chuyen-giao-cong-nghe-de-thuc-day-doi-moi-sang-tao-ar984341.html