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Th 6, 05/01/2024 | 17:14 CH

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Workshop on "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure"

Within the project “Supporting the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in the IP field in 2023” (referred to as the EDM Project) sponsored by the Canadian Ministry of Global Affairs, the Intellectual Property Office of Viet Nam (IP Viet Nam) coordinated with relevant agencies to organize the workshop on "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure" on November 10th, 2023.

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, adopted in 1977 and revised in 1980, provides an international mechanism designed to assist Member States’ national IP offices in examining patent applications through depositing microorganisms to the International Repository Authority (IDA).

Mr. Tran Le Hong, IP Viet Nam Deputy Director General presided at the workshop and delivered the opening remarks. Mr. Brian Mckay, the leading expert of EDM Project and Canadian & Japanese experts were also invited to the workshop as speakers. In addition, there were representatives from governmental management organizations, research centers, universities, and various industrial property representatives involved in biotechnology in Viet Nam.

Speaking at the opening ceremony, Deputy Director General Tran Le Hong stated that joining the Budapest Treaty intends to simplify the process of depositing microorganisms during the filing of biotechnology patents, thereby fostering the growth of the biotechnology sector, which is regarded as one of the key elements of the Fourth Industrial Revolution. Viet Nam's accession to the Budapest Treaty in 2021 also aims to fulfill one of Viet Nam’s IP commitments when joining CPTPP.

Delegates attended the Conference in person.

The workshop was held to facilitate the Budapest Treaty's successful implementation in Viet Nam in the context that there has not been any case of microorganisms being deposited for patent registration in Viet Nam. Mr. Brian Mckay and his expert partners have developed a draft Guide for the establishment and operations of an IDA to preserve international microorganism samples in accordance with the Budapest Treaty. During the workshop, the expert group shared and exchanged information with Vietnamese experts on the legal implications of the Budapest Treaty, procedures for establishing an IDA, remedies for non-compliance with regulations, practical issues related to the establishment of an IDA, and the conditions to operate an IDA.

In addition to Canadian experience, specialists from Japan shared and introduced Japanese experience on process, technologies, and procedures for depositing and preserving microorganisms in Japan. Japan was one of the first countries to establish IDA (in 1981), thus the practical experience shared by Japanese expert is very valuable to Viet Nam.

 

Some images of the Workshop

On the Vietnamese side, representatives from research institutes, universities under Vietnam National University, Hanoi and the Vietnam Academy of Science and Technology also shared the process of storing and preserving varieties and microorganisms in Viet Nam. They also asked international experts for information and advice based on Viet Nam's current needs and practical capacities.

At the end of the Workshop, based on recommendations of the experts, Deputy Director General Tran Le Hong highlighted that establishing an IDA should be comprehensively studied taking into account of practical needs, resources and national politics. IP Viet Nam is confident that experts will keep working with them and other relevant Vietnamese agencies to find the most appropriate and feasible plan for esbtablshing IDA in Viet Nam./.

International Cooperation Division