Infringement of Intellectual Property Rights in Vietnam Under Criminal Code

Why need to prevent acts of infringement of intellectual property rights in Vietnam

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 infringement of intellectual property rights 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.

Infringement of Intellectual Property Rights in Vietnam Under Vietnam’s Criminal Code

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 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.

How to Identify Acts of Infringement of Intellectual Property Rights in Vietnam Under Criminal Code?

In Vietnam, the Criminal Code addresses acts of infringement of intellectual property rights in Vietnam as criminal offenses. These acts are outlined in various articles of the Criminal Code, and they cover a range of intellectual property rights, including copyrights, trademarks, patents, and trade secrets. Here are some of the key acts of infringement of intellectual property rights in Vietnam under the Vietnamese Criminal Code:

1. Copyright Infringement in Vietnam

-Unauthorized reproduction, distribution, or public dissemination of copyrighted works, including literary, artistic, and scientific works.

-Production, distribution, or possession of counterfeit copies of copyrighted materials.

2. Trademark Counterfeiting in Vietnam

-Unauthorized production, sale, or use of counterfeit trademarks or trade names that are identical or confusingly similar to registered trademarks.

-Labeling, advertising, or selling goods with counterfeit trademarks.

3. Patent Violations in Vietnam

-Unauthorized production, use, or sale of patented inventions without the patent holder’s consent.

-Manufacturing, importing, or using products that infringe on patented technology.

4. Trade Secret Theft in Vietnam

-Theft, unauthorized access, or disclosure of confidential business information, technical data, or trade secrets.

-Use or disclosure of trade secrets for personal gain or the benefit of others.

5. Violations Related to Layout Designs of Integrated Circuits in Vietnam

-Unauthorized reproduction, import, sale, or use of layout designs of integrated circuits.

-Possession of counterfeit layout designs.

6. Software Copyright Infringement in Vietnam

-Unauthorized copying, distribution, or use of computer software and programs without the proper licensing or authorization.

-Production or distribution of counterfeit software.

7. Unlawful Camcording of Cinematographic Works in Vietnam

-Unauthorized recording, reproducing, or distributing cinematographic works in theaters or during film exhibitions.
-Unauthorized use of camcording devices for recording films.

8. Unlawful Broadcast Signal Decryption in Vietnam

-Unauthorized decryption of encrypted broadcast signals for commercial purposes, such as retransmission or distribution.

-Unauthorized sale of devices for decrypting broadcast signals.

These acts of infringement of intellectual property rights in Vietnam are considered criminal offenses under Vietnamese law. The severity of the penalties for such offenses may vary based on the specific circumstances of the case, including the extent of the infringement and the potential financial losses to the rights holder. Penalties may include fines, imprisonment, or both.

It’s essential for intellectual property rights holders and businesses to understand the legal framework surrounding intellectual property protection in Vietnam and to take appropriate measures to safeguard their intellectual property. This may involve cooperation with law enforcement agencies and filing reports or complaints in cases of infringement.

Working with legal professionals who specialize in intellectual property law in Vietnam can provide valuable guidance on how to protect and enforce intellectual property rights while navigating the legal complexities of the jurisdiction.

ANT Lawyers, IP service in Vietnam

ANT Lawyers with a team of experienced lawyers, IP consultants and IP agent in Vietnam in the field of Intellectual Property will help customers implement procedures for protecting intellectual property rights in Vietnam in the most effective way.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance. ANT Lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.