VIEtnAM
tHE GoVERnMEnt Is noW READY to DEVotE MoRE
REsoURCEs to HAnDLInG CoPYRIGHt VIoLAtIons
provide more details on administrative fi ne levels in future subordinate copyright violations, has spurred renewed interest in enforcement by
legislation. Previous fi nes, which averaged about $1,000, did not have a rights holders.
deterrent eff ect.
Th e decree defi nes 39 acts of infringement of copyright and related rights,
Perhaps the most important amendment regarding enforcement is the
as well as higher penalties for most of the infringing acts than were available
removal of the ‘cease and desist’ letter requirement for most administrative
previously. Th e maximum penalty level for certain violations, such as the
actions. In the past, prior to requesting the authorities to take administrative
unauthorised reproduction and distribution of copyrighted works, is now
action against an infringer, a rights holder was required to send the infringer
VND500 million ($28,500). Previously, the theoretical maximum penalty
a cease and desist letter. Th is regulation was problematic because the letter
was VND70 million ($4,000), but in practice, the highest penalty issued was
alerted the infringer about the impending action, providing an opportunity
typically VND15 million ($850).
to destroy evidence and hide ill-gotten profi ts. Th e amendments require the
rights holder to provide evidence of deliberate infringement.
Customs recordal
Th e General Customs Offi ce issued a decision introducing detailed procedures
Further, in 2008, the Ho Chi Minh City People’s Court heard a ground-
for monitoring imports and exports. Accordingly, rights holders can request
breaking criminal prosecution for trademark infringement under the IP Law
the customs authorities to monitor copyright, trademark and patent-protected
and issued a guilty verdict for infringement of industrial property rights.
goods at ports of entry. An application must be fi led to request the monitoring
Th e infringer was given a three-year probationary sentence for producing
and detection of the infringing goods, accompanied by a detailed description
an energy drink that bore a device similar to the trademark of a popular
of the potentially infringing goods, a summary of features that distinguish
energy drink. An order was issued for the confi scation and destruction of
the genuine from the infringing goods, certifi ed copies of IP registration
all infringing goods.
certifi cates, and other information such as modes of transport, packing
methods, prices and suspected sources of infringing goods.
In May 2009, the Vietnamese government promulgated a decree setting out
penalties for administrative violations of copyright and other rights, which Th e customs authorities were proactive in enforcing IP rights in 2009. For
came into eff ect on June 30, 2009. Th e passage of this decree, which signals example, the authorities identifi ed and held potentially infringing products
that the government is now ready to devote more resources to handling at the port and notifi ed the rights holders. A trademark holder has three
www.worldipreview.com World Intellectual Property Review Digest 2009 171
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