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With the development of the market economy, widespread international integration, and the growth of network technology and digital techniques, intellectual property infringement has shown an increasing trend with highly sophisticated manifestations in Vietnam. The primary purpose behind these intellectual property violations is often for profit, including infringements on copyright. This article will review some prominent cases of intellectual property infringement in Vietnam recent years.
The current situation of intellectual property infringement in Vietnam
In recent years, intellectual property infringement has been on the rise, becoming increasingly complex. Methods of production, importation, marketing, and sale of infringing goods have become more sophisticated, organized across provinces, regions, and even nations. The diversity and complexity in forms and types make it challenging for enforcement agencies to detect and handle these cases. Furthermore, with the development of social media platforms, those engaging in intellectual property infringement tend to shift from traditional marketing and distribution methods to electronic and internet-based approaches, such as marketing and selling through online shopping websites, particularly on social media platforms like Facebook, Zalo, and Tiktok.
Intellectual property infringement primarily occurs in the following areas: production and sale of counterfeit goods, infringement of copyright and related rights, and infringement of rights related to product trademarks.
Cases of Intellectual Property Infringement in Vietnam
Case of selling counterfeit goods, including food, in Dong Nai in 2022
On January 5, 2022, during an inspection of the production location of Ms. Vu Thi Hoa (born in 1977, from Nam Dinh) at 1546E Hamlet Phu Tan, Phu Cuong Commune, Dinh Quan District, Nam Dinh Province, the authorities discovered numerous products with signs of counterfeiting well-known brands of goods and food, such as detergent, cooking oil, instant noodles, soft drinks, toilet paper, fish sauce, and two heat-sealing machines. Additionally, hundreds of counterfeit packaging of popular seasoning brands were found in the market. Ms. Vu Thi Hoa admitted that these goods were purchased in Ho Chi Minh City, with an unknown origin and lacking purchase invoices. After acquiring them, Ms. Hoa mixed, packaged, and counterfeited the brands for distribution in Dinh Quan and Tan Phu districts.
On the same day, authorities in Dong Nai province also conducted inspections of various production facilities in Bien Hoa City, Trang Bom District, Thong Nhat District, etc., and confiscated more than 10 tons of similar goods to those of Ms. Hoa. The police sealed all the violating goods for further investigation and legal proceedings.
Case of selling counterfeit fashion accessories in Nam Dinh in 2021
On March 17, 2021, the Market Management Department of Nam Dinh cooperated with the functional units of the Nam Dinh Provincial Police to conduct a surprise inspection of a warehouse at Dai Lai Hamlet, Vinh Hao Commune, Vu Ban District, Nam Dinh Province. During the inspection, the authorities discovered and seized 13,726 bags and wallets bearing fake trademarks of well-known brands such as Hermes, Gucci, LV, Yves Saint Laurent, and Dior, all of which are registered trademarks in Vietnam. The estimated total value of the violated goods was over 3.9 billion VND. At the time of the inspection, the person in charge of the warehouse could not provide legal documents proving the legitimate origin of the entire inventory.
To verify the origin of the seized products at the scene, the Market Management Department directed letters to the representatives of the rights holders of Hermes, Gucci, LV, Yves Saint Laurent, and Dior in Vietnam, requesting appraisal and confirmation of the authenticity of the goods. The responses from these entities confirmed that the entire seized batch was counterfeit, infringing on the rights of these famous brands.
Based on the case file, the Market Management Department of Nam Dinh transferred the violation case to the investigative police for processing in accordance with the law.
How is the trade of counterfeit goods handled in Vietnam?
Case of Trademark Infringement on Saigon Beer
On June 23, 2020, the Market Management Team under the Market Management Department of Ba Ria – Vung Tau Province conducted an inspection of the Biva beer production facility and discovered 4,712 crates of beer labeled “BIA SAIGON VIETNAM” (24 cans/crate, 330 ml/can), along with 116,700 beer can lids (330ml) and 3,300 unused beer crate lids. The packaging of these products displayed information indicating the manufacturer as Saigon Beer Corporation, Vietnam, with the label “BIA SAIGON VIETNAM” and the “standing shield” symbol. Suspecting trademark infringement, the Market Management Team issued a temporary confiscation report and sealed the entire mentioned quantity of goods.
Upon investigation, it was found that in April 2020, Mr. Le Dinh Trung (representative of Saigon Beer Corporation Vietnam) contacted the Biva beer production facility to sign a contract for producing beer under the label “BIA SAIGON VIETNAM” and then distributed it. The appraisal request indicated that Saigon Beer Corporation Vietnam had violated five trademarks protected by Saigon Alcohol – Beer – Beverage Corporation (Sabeco). The total quantity of violated goods produced was 8,912 crates of BIA SAIGON VIETNAM, of which 3,300 crates were consumed, generating over 578 million VND.
As a result, Saigon Beer Corporation Vietnam and Mr. Le Dinh Trung were prosecuted and tried for the crime of “Intellectual Property Infringement” under Article 226 of the 2015 Penal Code (amended and supplemented in 2017).
Criminal offenses associated with intellectual property rights in Vietnam
Intellectual Property Dispute between Asanzo and Asano Brands.
In 2018, Dong Phuong Trading and Production LLC filed a lawsuit against Asanzo Vietnam Electronics Joint Stock Company for producing and trading electronic and refrigeration products under the “Asanzo” trademark, resembling the logo and design of the “Asano” trademark protected by Dong Phuong Trading and Production LLC. The legal verdict compelled Asanzo Vietnam Electronics Joint Stock Company to:
– Cease the infringement, specifically discontinuing the use of the “Asanzo, image” trademark on the website http://asanzo.com.vn, signage, trucks, and products in groups 7, 9, 11 currently circulating in the market.
– Remove the “Asanzo, image” trademark from all products in groups 7, 9, 11 currently in circulation in Vietnam.
– Pay Dong Phuong Trading and Production LLC a compensation amount of 100 million VND.
– Issue a public apology and correction in three consecutive issues of Thanh Nien newspaper with content stating their apology and commitment to cease infringement from the date of publication.
Dispute over the Copyright of the Comic Series “Thần Đồng Đất Việt”
In 2016, Mr. Le Phong Linh filed a lawsuit against Phan Thi Technical Services and Information Technology Trading Company, requesting the court to recognize him as the sole author of the four character images Trạng Tí, Sửu Ẹo, Dần Béo, Cả Mẹo in the “Thần Đồng Đất Việt” comic series from volume 01 to volume 78. He did not acknowledge Phan Thi My Hanh as a co-author in creating these characters. Mr. Linh urged the Phan Thi Company to cease creating and using various variations of the Trạng Tí, Sửu Ẹo, Dần Béo, Cả Mẹo characters in subsequent volumes of “Thần Đồng Đất Việt” after volume 78 and in other editions such as “Thần Đồng Đất Việt Khoa Học” and “Thần Đồng Đất Việt Mỹ Thuật.”
In 2019, the Ho Chi Minh City People’s Court ruled on the appeal with the following content:
– Recognizing Mr. Le Phong Linh as the sole author of the expressive form of the characters Trạng Tí, Sửu Ẹo, Dần Béo, Cả Mẹo in the “Thần Đồng Đất Việt” comic series from volume 01 to volume 78. Mr. Le Phong Linh has the right to contact the Copyright Office – Ministry of Culture, Sports and Tourism to be recognized as the sole author of the mentioned works as per legal regulations.
– Compelling Phan Thi Communication Education and Entertainment Company to cease creating and using variations of the expressive form of the characters Trạng Tí, Dần Béo, Sửu Ẹo, Cả Mẹo in subsequent volumes from volume 79 of the “Thần Đồng Đất Việt” comic series as well as in other editions such as “Thần Đồng Đất Việt Khoa Học” and “Thần Đồng Đất Việt Mỹ Thuật.”
– Compelling Phan Thi Communication Education and Entertainment Company to publicly apologize to Mr. Le Phong Linh in Thanh Nien and Tuoi Tre newspapers for three consecutive issues with content stating: “Phan Thi Communication Education and Entertainment Company apologizes to Mr. Le Phong Linh (pen name Le Linh) for violating Mr. Linh’s copyright to the expressive form of the characters Trạng Tí, Sửu Ẹo, Dần Béo, Cả Mẹo.”
– Compelling Phan Thi Communication Education and Entertainment Company to pay Mr. Le Phong Linh legal fees amounting to 15,000,000 VND.
Copyright Dispute of the Song “Gánh Mẹ”
In 2019, Mr. Truong Minh Nhat filed a lawsuit against Ly Hai Production Limited Company and Mr. Doan Dong Duc (stage name Quach Beem) for using the poem “Gánh mẹ,” written by him in 2014, without permission and without paying copyright fees.
Quach Beem has been known as the author of the song “Gánh mẹ.” Therefore, when producing the movie “Lật Mặt 4,” Ly Hai Production Limited Company reached an agreement with Quach Beem to use the song “Gánh mẹ” in the film. Quach Beem claimed that he composed the song “Gánh mẹ,” and it was registered with the Copyright Office, receiving a certificate in 2019.
The court determined that Truong Minh Nhat is the co-author and copyright owner of the poem “Gánh mẹ” and the lyrics of the music “Gánh mẹ” (composed by Quach Beem).
Some regulations on resolving intellectual property ownership disputes in Vietnam
Lawyers specializing in resolving intellectual property disputes in Vietnam
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