THE REGULATION ON ASSET CAPITAL CONTRIBUTION OF INDUSTRIAL PROPERTY RIGHTS AS FOR INVENTIONS

Abstract

Industrial property right is an asset that Vietnamese law has allowed for commercialization, including capital contribution to enterprises. In Vietnam, the reality has marked a number of capital contributions with assets as industrial property rights, including inventions. The capital contribution by industrial property rights as inventions has been governed by regulations such as Law on Intellectual Property (No. 50/2005/QH11) - as amended by the Law No. 36/2009/QH12 (referred to as the IP Law 2005), Law on Enterprises (No. 68/2014/QH13), Law on Science and Technology (No.29/2013/QH13), Law on Technology Transfer (No.07/2017/QH14), Circular 06/2014/TT-BTC valuation standard No 13, etc. However, regulations on capital contribution with the intellectual property rights as inventions have some inadequacies: (i) inadequacies on capital contributors; (ii) inadequacies on capital objects. Within the scope of the article, the author focuses on solving the above issues.