BUSINESS BRIEF: VIETNAM
“THE MAJORITY OF COUNTERFEIT GOODS ORIGINATE IN CHINA AND ARE ILLEGALLY IMPORTED, AND CARRIED INTO VIETNAM VIA THE COUNTRY’S POROUS, RUGGED BORDER.”
copyright and related rights), the IP Law and Government Decree No.47/ND-CP of May 13, 2009 on sanctioning administrative violations of copyrights and related rights. According to these, acts of copyright and related rights infringement may be handled by civil,
administrative or
criminal measures depending on their nature and severity.
Vietnam has the system of enforcement authorities which include courts, IP inspectors, Market Management Department, Economic Police, Customs and People’s committees for handling IP right infringements.
What is the best way to deal with infringement, and what are the costs
associated with it? Te best way to deal with infringement is to use administrative measures, which may be quick and simple to arrange and most helpful in many copyright piracy cases. Te costs associated with it vary from hundreds to thousands of US dollars, depending the complexity of the case and quantity of pirated products.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Counterfeiting is a big problem in Vietnam. Nearly all high quality products that have large sale volumes have been counterfeited and competent authorities have difficulty in staunching the rapid growth of the counterfeit trade. Te majority of counterfeit goods originate in China and are illegally imported, carried into Vietnam via the country’s porous, rugged border.
www.worldipreview.com
Counterfeiters have extended their reach to
virtually every kind of
product, from
pharmaceuticals, cosmetics, medicines, clothes, bags and IT products to music, soſtware and fast moving consumer goods. It is estimated that 90 percent of computer soſtware available in Vietnam is pirated.
What industries are particularly at threat? Industries which are particularly at
threat are clothes, shoes, handbags and household appliances.
What are the best strategies for dealing with the problem? Te best strategies for dealing with counterfeiting may include: (i) authorities, manufacturers/ traders and consumers joining hands and increasing communication among them. It has been observed that many counterfeiting cases are not reported to the competent authorities as manufacturers/traders fear consumers will turn away from their products if they publicly address the counterfeiting issues they face; (ii) encouraging consumers to claim compensation when they
inadvertently buy fake goods;
and (iii) improving legislation to deal with counterfeiting and applying higher penalties on serious infringement.
Tere have been no any changes to the patent, trademark and copyright laws in the last 12 months.
Pham Vu Khanh Toan is a managing partner at Pham & Associates. He can be contacted at:
hanoi@pham.com.vn
Pham Vu Khanh Toan holds a BSc in physics, a BA in law and a Master’s in IP (1988). He is a registered IP attorney and attorney at law. From 1985 to 1988, Pham was an expert at the NOIP. Since 1991 he has been the founder and a managing partner of Pham & Associates. His focused practice areas are licensing, franchising, dispute resolutions and litigation relating to IP rights. He is a member of the Vietnamese Lawyers Association, INTA, AIPLA, ECTA, IBA, FICPI, LES and LAWASIA.
World Intellectual Property Review Annual 2014 145
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