For the purpose of
ensuring legitimate interest of manufacturers as well as consumers, reduction
and elimination unfair commercial competition, the Vietnam government has been
increasingly focusing on protection of intellectual property (IP) rights. This
is expected to contribute to technical enhancement in domestic production
industry, foreign investment attraction, reduction of IP infringement in
Vietnam.
Intellectual
property rights always plays an important role in international trade
agreements which Vietnam has been a contracting party, especially ASEAN and
WTO. The WTO requires its members to impose penalties or fines, or both, to
prevent acts of intellectual property infringement for commercial purposes, in
accordance with the penalty applicable to the crime of corresponding severity.
In order to consolidate
and protect the social order; punish crimes; raise people’s awareness of
compliance with the law; prevent and fight crimes, Vietnam has legalized
sanctions for infringements
of intellectual property rights in Vietnam under administrative, civil and
criminal measures.
The Criminal Code 1999
(amended and supplemented in 2009) regulated provisions on “Infringement of
industrial property rights” (Article 171). The criminal sanctions for
infringement of intellectual property right are regulated in Article 225 and
Article 226 of the Criminal Code 2015.
Regarding the subject of
infringement of intellectual property rights, the offenders shall be (i) person
who is at the sufficient age to bear criminal responsibilities; or (ii)
corporate legal entity as defined in the Civil Code.
The effective protection
of intellectual property rights will be an important factor that protect the
interests of consumers, manufacturers, eliminating “distortion” of competition
and commerce. In common playgrounds, Vietnam as well as other member
countries must strictly comply with the regulations on IP issues to integrate
into global economy.
To learn more about ANT Lawyers IP Practice or contact our IP attorneys
lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529
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