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Viet nam a case study for subtainable technoogy tranfor

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Nội dung chi tiết: Viet nam a case study for subtainable technoogy tranfor

Viet nam a case study for subtainable technoogy tranfor

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor ortant issues in global negotiations in recent years has been the relationship between intellectual property protection and promotion of technology tr

ansfer in developing countries. The debate has largely concerned implications of the Agreement on Trade-Related Aspects of Intellectual Properly Right Viet nam a case study for subtainable technoogy tranfor

s (TRIPS)1 under the World Trade Organization (WTO) that affect the interest of developing countries in technological development.The TRIPS Agreement

Viet nam a case study for subtainable technoogy tranfor

recognizes the role of technology in social and economic welfare incorporated into the objectives of Article 7 which states:Tran Viet Dung. B.A. (Peop

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor ' University of Law." Le Thi Nam Giang. LL .B and LL.M (Ho Chi Minh University of Law). IS a lecturer at Ho Chi Minh City University of Law where she

heads the Private International Law Department, and a PhD candidate of the Doctor of Laws Program of Ho Chi Minh City University of Law." Nguyen Nhu Q Viet nam a case study for subtainable technoogy tranfor

uynh, LL.B (Hanoi Law University. Vietnam). LL.M (Lund University. Sweden). PhD (the Doctor of Laws Joint Training Program between Sweden and Vietnam)

Viet nam a case study for subtainable technoogy tranfor

, is a lecturer in Intellectual Property Law and Civil Law. as well as Deputy Head of the Intellectual Property Law Centre of Hanoi Law University.■ A

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor 1994).I:'cơroniccopyava Isbteat Ii*p/ SSTI com.'absFacF 1857167The protection and enforcement of intellectual property rights should contribute to the

promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technolo Viet nam a case study for subtainable technoogy tranfor

gical knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.TRIPS provides WTO member countri

Viet nam a case study for subtainable technoogy tranfor

es with flexibilities for approaching different measures within their legal systems and practices, including, but not limited to. granting compulsory

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor mits the national governments with similar options to tackle the issues regarding abuses of intellectual property rights by right holders for the purp

oses of restraining competition, provided that certain requirements are satisfied."Overall, the TRIPS Agreement establishes minimum standards of prote Viet nam a case study for subtainable technoogy tranfor

ction and enforcement of intellectual property rights within the WTO system.2 3 It also sets up a global legal framework for promoting and encouraging

Viet nam a case study for subtainable technoogy tranfor

technology transfer, especially technology transfer from developed to developing country members.4 5 Nonetheless, how technology transfer occurs in p

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor eveloping countries should take advantage of these flexibilities in an appropriate manner to maximize the benefits of domestic competition and minimiz

e the social costs of adopting a strong IP regime required by the TRIPS Agreement.In this context, Vietnam provides an interesting case study for deve Viet nam a case study for subtainable technoogy tranfor

loping countries for compulsory licensing and parallel import licensing trends in the technology sector. The last two decades have been an extraordina

Viet nam a case study for subtainable technoogy tranfor

ry-period for Vietnam. The country has undergone a dramatic transformation from a centrally planned economy to a 'socialist-oriented market economy’ u

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor f international economic cooperation. The development of a market economy2 Article 8 of the TRIPS Agreement.• Article 1 (1) of the TRIPS Agreement.4Tu

Thanh Nguyen, Competition Lau. Technology Transfer and the TRIPS Agreement: Implications for Developing Countries (Cheltenham: Edward Elgar Publishin Viet nam a case study for subtainable technoogy tranfor

g, 2010). p. 32.5This term is used in Article 15 of the Constitution of the Socialist Republic of Vietnam, adopted by the National Assembly in 1992. a

Viet nam a case study for subtainable technoogy tranfor

nd amended in 2001 (Constitution 1992). to characterize the new model of economic strucnire.221lĩìoCínonicGopy ava table at: M^xA'ssrn com/abst'act= 1

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor to various international economic agreements, especially to the WTO. have also contributed significantly to economic and legal reforms in Vietnam. Co

mbined with the internal push of the Doi Moi policy, this impetus ensures more persistent and powerful liberalization reforms in the country. These ef Viet nam a case study for subtainable technoogy tranfor

forts used to be almost independent of outside pressure, but now carry a new dimension of international obligation. Indeed, the government is fully aw

Viet nam a case study for subtainable technoogy tranfor

are that the WTO and the international community closely observed Vietnam's performance of its commitments under the international arrangements and th

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor hese international obligations into account when it considers reform measures and the development of national legislation and this makes it more globa

lly oriented. In the course of integration, not only is the economic structure of Vietnam adjusting to international standards, but its national legal Viet nam a case study for subtainable technoogy tranfor

system and foreign trade practices are also undergoing transformation in response to the changes and requirements of the international community.In t

Viet nam a case study for subtainable technoogy tranfor

he course of the above mentioned development Vietnam's policy makers have openly acknowledged the importance of establishing a solid legal framework f

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor ountry. According to the Resolution on the Strategy for the development and improvement of Vietnam’s legal system to the year 2010 and direction for t

he period up to 2020." developing and improving the laws regarding ownership and freedom of business activities, the creation of comprehensive markets Viet nam a case study for subtainable technoogy tranfor

, and intellectual property protection in compliance with the TRIPS Agreement is considered to be one of the top priorities.In order to comply with th

Viet nam a case study for subtainable technoogy tranfor

e substantive minimum standards of IP protection under the TRIPS Agreement, and further promote creative activities, facilitate technology transfer, a

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor Assembly adopted a new Civil Code (Civil Code 2005) and Intellectual Property Law,5 to replace previous * 5* Resolution No. 4S-NQ-TW of the Politburo

of the Communist Part}' of Vietnam on the Strategy for the development and improvement of Vietnam's legal system to the year 2010 and direction for t Viet nam a case study for subtainable technoogy tranfor

he period up to 2020. dated 24 May 2005.Law No. 33 2005 QH11 of the National Assembly, dated 14 June 2005.5 Law No. 50/2005 QH11 of the National Assem

Viet nam a case study for subtainable technoogy tranfor

bly on Intellectual Property, dated 29 November 2005 and Law No 36 2009. QH12 of the National Assembly amending and222Electronic copy available at: ht

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor t with the TRIPS Agreement's requirements.1" The basic IPR-related competition framework was developed under the Competition Law.1 Relevant regulation

s on compulsory licensing and IPR exhaustion-parallel importation were also adopted as part of the legal regime on intellectual property. It is expect Viet nam a case study for subtainable technoogy tranfor

ed that efficient enforcement of theses legal tools will serve to promote competition and create better access to imported technology in Vietnam.Like

Viet nam a case study for subtainable technoogy tranfor

most other emerging economies. Vietnam is still a net importer of technology. Therefore, central issues for the government of Vietnam are (i) how to a

Vietnam - A Case Study For Sustainable Technology Transferby Tran Viet Dung*, Le Thi Nani Giang**, Nguyen Nhu Quynh***IntroductionOne of the most impo

Viet nam a case study for subtainable technoogy tranfor e Vietnamese companies develop indigenous innovation based on imported technology.From the intellectual property law perspective, the State's competen

t authorities may grant compulsory licenses on grounds of the protection of public interests, and in particular, for public health needs. Compulsory-l Viet nam a case study for subtainable technoogy tranfor

icenses may be granted to enable production of generic versions of patented pharmaceutical products. It may also be utilised as a threat or bargaining

Viet nam a case study for subtainable technoogy tranfor

tool by the Slate's competent authorities in negotiation with IPR holders to achieve voluntary licensing (where needed).supplementing a number of art

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