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Discussion on the concept of technology and technology transfer in the prevailing technology transfer law

The paper "The prevailing Law on Technology Transfer needs to be amended" by author Do Thi Bich Ngoc, Ministry of Science and Technology published in the Vietnam Science and Technology Journal, No.22/2014, had pointed out some inadequacies of the prevailing Law on Technology Transfer and suggested direction for further amendments and revisions. | Discussion on the concept of technology and technology transfer 112 EXCHANGE FOR POLICIES DISCUSSION ON THE CONCEPT OF TECHNOLOGY AND TECHNOLOGY TRANSFER IN THE PREVAILING TECHNOLOGY TRANSFER LAW Dr. Nguyen Van Anh1 Department of Science and Technology, Ba Ria - Vung Tau Province Abstract: The paper "The prevailing Law on Technology Transfer needs to be amended" by author Do Thi Bich Ngoc, Ministry of Science and Technology published in the Vietnam Science and Technology Journal, No.22/2014, had pointed out some inadequacies of the prevailing Law on Technology Transfer and suggested direction for further amendments and revisions. This paper below is a continued effort to comment on irrelevant points of the Law on Technology Transfer, focusing mostly on the concept of technology, technology transfer as specified in the Law, and propose direction for readers to further exchange discussion with a view to contributing together to the improvement of the Law. Keywords: Technology; Technology transfer. Code: 15022501 1. Concept of Technology By definition in the Law on Technology Transfer: “Technology is the technical solution, process, know-how with or without accompanied tools and means used to transform resources into products” (Article 3.2 of the Law on Technology Transfer). This concept coincides as well with the concept of technology indicated in Article 3.2 of the 2013 Law on Science and Technology. In the Law on Technology Transfer, the concept of “Technical know-how” was interpreted as “the information accumulated, discovered by the technology owner during the process of undertaking research, production, business, which plays a decisive role in ensuring the quality, competitiveness of technology, technology products” (Article 3.1 of the Law on Technology Transfer). From this concept defined by the Law on Technology Transfer, we refer to the concept of “business secret”, an object being monopoly protected by the Law on Intellectual Property, 1 The author’s .