Promoting IP Protection and Enforcement in Vietnam

This was the message of the closing ceremony of the “One month campaign commemorating World Intellectual Property Day” launched in Hanoi on May 25 by the Ministry of Science and Technology in cooperation with BSA | Software Alliance. This event is hoped to lay a stepping stone for successful enforcement of intellectual property rights protection in Vietnam.Piracy rate remains high

According to the Business Software Alliance, Vietnam is considered one of the countries taking strong, positive steps in fighting against software copyright violations, with its piracy rate falling from 92 percent in 2004 to 81 percent in 2014. Nevertheless, its current piracy rate is still high in the region, compared with less than 20 percent in Japan and 70 percent in China.

Speaking at the closing ceremony, Mr Tran Van Minh, Deputy Chief Inspector of the Ministry of Culture, Sports and Tourism, affirmed that in context of globalisation, economic integration and innovative economic development, intellectual property (IP) becomes a more and more important factor in socioeconomic development. The Government of Vietnam puts a high priority on intellectual property rights (IPR) protection and this is reflected in Vietnam’s IP related laws and policies.

Mr Pham Van Toan, Deputy Chief Inspector of the Ministry of Science and Technology, said, in just the month responding to the World IP Day, inspectors of the Ministry of Science and Technology ramped up inspections and dealt with 12 units and individuals having signs of IPR infringements. The inspectors imposed a combined fine of VND254 million (over US$11,000) on 11 individuals and organisations for violating industrial property rights during the campaign month. They also forwarded a counterfeit production case to the police force for further investigation; completed punishment documents on three violating units; discovered 1,607 bags, wallets and belts which counterfeited famous brands Dior, Hermès and Louis Vuitton, 21 RO water filters, 160 fake Colgate toothpaste tubes, and two bottle manufacturing moulds.

Inspectors of the Ministry of Culture, Sports and Tourism also cooperated with the Ministry of Public Security’s Hi-tech Crime Police (C50) to inspect 15 enterprises in Hanoi, Bac Ninh, Bac Giang, Ho Chi Minh City, Binh Dinh, Dong Nai, Tay Ninh and Ba Ria – Vung Tau. They inspected 822 computers and levied fines worth nearly VND500 million (US$22,500). Most violators were major enterprises with powerful financial capacity and deep knowledge of intellectual property laws.

Communication and punishment

This was a comprehensive IP campaign organised by the Ministry of Science and Technology in cooperation with ministries being members of the Vietnam Inter-ministerial IP Protection Task Force (Programme 168). The “One month campaign commemorating World Intellectual Property Day” was considered a typical IP activity in Vietnam in 2015.

According to Mr Pham Van Toan, during the campaign month, authorities focused on communicating, educating and implementing IPR to mobilise social efforts for this work, particularly enhancing the role and responsibility of IPR administration agencies and IPR enforcement agencies in IPR enforcement and protection. A series of activities had been carried out in response to the campaign. The seminar between businesses and enforcement authorities collected a lot of expert opinions from businesses, IPR owners and international institutions on IPR policy and enforcement. Banners on IPR were hung along major streets in Hanoi and Ho Chi Minh City and 5,000 companies across the country were informed of IPR via mail.

While emphasising computer software copyright protection, Mr Roland Chan, BSA’s Asia-Pacific Compliance Programmes Senior Director, said good IP protection motivates innovation. BSA believes that with strategy of combining educational activities and strong, effective enforcement actions, Vietnam’s IPR protection will move to a higher level in the coming years, producing great incentive for Vietnam’s economic development. To achieve the goal of reducing the piracy rate to 75 percent in the coming time – the average of the region, [Vietnam] needs more heavy-handed measures and informs businesses of this matter.

In addition to administrative measures, effective sanctions to IPR violations are also encouraged for deployment by IPR protection organisations. Mr Pham Phi Anh, Deputy Director of the National Office of Intellectual Property of Vietnam (NOIP), said, “To maximise the effectiveness of civil remedies, IPR-specialised courts should be established.”

The act of illegally using copyrighted software may be prosecuted under the amended Criminal Code, which was effective on January 1, 2010.

Ha Vu

Promoting IP Protection and Enforcement in Vietnam Related image(s)