The situation of poor quality counterfeit products is more and more rampant in the market. Unfortunate consumers purchasing counterfeit and unregistered trademarked goods will be extremely dangerous. In order to prevent this situation, the law has clearly stipulated penalties for trading in counterfeit goods with trademarks and goods packaging. So about the matter “How to handle counterfeit goods with trademarks in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015, amendments and supplements 2017
- Decree 98/2020/ND-CP
What are fake goods, counterfeit goods?
In Clause 7, Article 3 of Decree 98/2020/ND-CP, counterfeit goods include:
– “Fake goods” include:
+ Goods have a use value or utility that is not in accordance with the origin, nature and name of the goods; the goods have no use value, utility or use value, the use is not in accordance with the announced or registered use value or utility;
+ Goods have at least one of the quality criteria or basic technical characteristics or quantification of key substances that create use value, the utility of goods only reaches 70% or less of the minimum level. prescribed in technical regulations or quality standards registered, announced for application or written on goods labels and packages;
+ Counterfeit drugs as prescribed in Clause 33, Article 2 of the 2016 Law on Pharmacy and fake herbal ingredients as prescribed in Clause 34, Article 2 of the 2016 Law on Pharmacy;
+ Veterinary drugs, plant protection drugs without active ingredients; there are not enough types of registered active ingredients; having active ingredients different from those stated on the labels or packages of goods; having at least one of the active ingredient contents reaching 70% or less of the minimum level specified in the registered or announced applicable technical regulations or quality standards;
+ Goods with goods labels or goods packages indicating forged names and addresses of organizations or individuals producing, importing or distributing goods; forging circulation registration codes, announcement codes, barcodes of goods or forging goods packaging of other organizations or individuals; forging the origin and origin of goods or the place of production, packing or assembly of goods;
+ Stamps, labels and packages of counterfeit goods.
And according to the provisions of Clause 8, Article 3 of Decree 98/2020/ND-CP and Article 213 of the Law on Intellectual Property 2005 providing more specific guidance and regulations for Clause 7, Article 3 of Decree 98/2020/ND-CP, As follows:
– Clause 8, Article 3 of Decree 98/2020/ND-CP: “Stamps, labels and packaging of counterfeit goods” include decals, goods labels, goods packaging, quality stamps, quality stamps, stamps. trace the origin, warranty card, shrink film of goods or other items of business organizations or individuals with instructions forging the names and addresses of other organizations and individuals; forging trade names, trade names, barcodes, circulation registration numbers, and announced codes of goods or goods packages of other organizations or individuals.”
– Article 213 of the Law on Intellectual Property 2005 provides for counterfeit goods in terms of intellectual property:
“Article 213. Intellectual property counterfeit goods
1. Goods forging intellectual property under the provisions of this Law include goods forging trademarks and forging geographical indications (hereinafter referred to as counterfeit trademark goods) specified in Clause 2 of this Article. and pirated goods specified in Clause 3 of this Article.
2. Forged trademark goods are goods or packages of goods affixed with marks or signs identical to or difficult to distinguish from the protected trademarks or geographical indications that are used for the same goods without being approved permission of the trademark owner or the organization managing the geographical indication.
3. Pirated goods are copies produced without permission of the copyright or related right holder.”
Therefore, in order to understand and identify which products/items are counterfeit, it must contain one or more signs of counterfeit as specified above.
Thus, according to the law, there are no documents regulating the term, the concept of “fake goods”, but this term is only used to understand that the products circulating on the market are not official product brought to the market by the main manufacturer or distributor. Therefore, to use the main term according to legal documents, only the term “counterfeit goods” is used.
How to handle counterfeit goods with trademarks in Vietnam?
The law of our country prohibits acts of buying, selling, and producing counterfeit goods in any form. This is to protect the interests of legitimate business organizations and individuals. The basis and nature and extent of the act that may be administratively sanctioned or subject to criminal prosecution.
Administrative sanctions for selling counterfeit goods of famous trademarks
Clause 1, Article 11 of Decree 98/2020/ND-CP, fines from 1,000,000 to 100,000,000. Depending on the actual value of the fake goods is equivalent to the quantity of the real goods. As follows:
Fine level In case the value of counterfeit goods is equivalent to the quantity of real goods In case of illegal profit
From 1,000,000 VND to 3,000,000 VND Under 3,000,000 VND Under 5,000,000 VND
From 3,000,000 VND to 5,000,000 VND From 3,000,000 VND to less than 5,000,000 VND From 5,000,000 VND to less than 10,000,000 VND
From 5,000,000 VND to 10,000,000 VND From 5,000,000 VND to less than 10,000,000 VND From 10,000,000 VND to less than 20,000,000 VND
From VND 10,000,000 to VND 20,000,000 From VND 10,000,000 to under VND 20,000,000 From VND 30,000,000 to under VND 50,000,000
From 30,000,000 VND to 50,000,000 VND 30,000,000 VND or more
(not criminally prosecuted)
In some specific cases, a fine of twice the prescribed fine may be imposed.
Provisions in the Law on Intellectual Property
Sanctions and remedial measures are also specified in Article 214 of the Intellectual Property Law, whereby:
Organizations and individuals that commit acts of infringing upon intellectual property rights shall be forced to stop the infringing acts and shall be subject to one of the main sanctioning forms, warning or fine.
Depending on the nature and severity of infringement, organizations and individuals that infringe intellectual property rights may also be subject to one or more additional sanctioning forms or remedial measures such as:
• Confiscation of goods that are counterfeit in terms of intellectual property, raw materials and materials; means used mainly for the production and trading of goods that are counterfeit in terms of intellectual property.
• Suspension of business activities in the field in which the violation has occurred for a definite time.
• Forcible destruction, distribution, and putting into use (including raw materials, materials and means of production) for non-commercial purposes of counterfeit intellectual property goods. Provided that it does not affect the ability of the intellectual property right holder to exploit the rights.
• Forcible removal from the Vietnamese territory of transit goods infringing upon intellectual property rights. Or forcibly re-export for goods counterfeiting intellectual property, imported vehicles, raw materials and materials after the infringing elements on the goods have been removed.
Criminal penalties for selling counterfeit goods of famous trademarks
In addition, Article 212 of the Intellectual Property Law also stipulates that individuals who commit acts of infringing upon intellectual property rights with elements constituting a crime shall be examined for penal liability in accordance with the criminal law. . Specifically:
In case of buying and selling fake goods in one of the following cases, they will be examined for penal liability for the crime of manufacturing and trading in fake goods specified in Article 192 of the 2015 Penal Code (amended 2017):
Depends on the nature and seriousness of the crime. Offenders may be fined from VND 100,000,000 to VND 1,000,000,000; or imprisonment from 1 year to 15 years.
Services of LSX
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On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
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Please contact us immediately if you have any questions about “How to handle counterfeit goods with trademarks in Vietnam?”
Contact LSX
Above is the advice of LSX Law firm on the issue of “How to handle counterfeit goods with trademarks in Vietnam?”. We hope that you can apply the above knowledge to use in work and life. For more detailed information and further consultation; please contact via hotline: +84846175333 or Email: [email protected]
Please see more
- Trademark registration process in Vietnam
- Procedure for exclusive trademark registration in Vietnam
- Regain custody of children after divorce under Vietnam law
Frequently asked questions
Article 213 of the 2005 Law on Intellectual Property, amended and supplemented in 2009. Regulations on counterfeit goods of intellectual property. Accordingly, goods with counterfeit marks are goods and packages of goods with identical trademarks and signs; or difficult to distinguish from a protected trademark or geographical indication used for the same item without the permission of the trademark owner or the organization managing the geographical indication. In other words, this product has been protected by intellectual property rights. Any form of infringement that damages the trademark must be held responsible in accordance with the law.
If you are deceived when you buy fake branded goods online, to protect your legitimate rights and interests, you can file a criminal complaint to the district-level police investigation police agency where the seller is located. office/store/warehouse…
To have a basis for settlement, you need to provide the investigating agency with documents, purchase invoices, counterfeit goods (bags), text messages, phone exchanges between the two parties, money transfer documents or confirmation of transfer. money from the bank (if you pay online) and other documents and evidence, if any.
An infringement of intellectual property rights when selling counterfeit trademark goods?
The Intellectual Property Law stipulates acts of infringing upon rights to trademarks in Article 129. Accordingly, the following acts performed without the permission of the trademark owner shall be considered as infringing upon the rights to trademarks. brand. If the use is likely to cause confusion about the origin of goods or services.
Using a sign identical to a protected mark for goods or services identical with goods or services on the list of registered trademarks attached to that mark.
Using a sign identical to a protected mark for similar goods or services; or related to goods or services on the list of registered trademarks attached to such marks.
Using a sign similar to a protected mark for identical or similar goods or services.
Using signs identical or similar to well-known trademarks or; signs in the form of translations, transcriptions from well-known trademarks.
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