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
