Handling administrative violations in industrial property in Vietnam – decree No.99

The violation in industrial property create damages to business and the the end users.  The government has increased the effort to curb the violations. ANT Lawyers’ Intellectual Property lawyers in Vietnam keep abreast with changes in the Intellectual Property laws in Vietnam to provide our client the best service.

The Government has just enacted Decree No.99/2013/ND-CP on handling administrative violations in industrial property field.   Accordingly, the maximum fine for individual’s violation is VND 250 million (or USD 12,000) ; similar violation of organization may be fined more than 2 times and maximum is VND 500 million (or USD 25,000).

According to this Decree, the Market Surveillance Agency has competence to handle violations occurred in domestic market:

–Guiding on protection of industrial property;

–Sealing, temporary seizure of the means;

–Violating patent, trademark, design, geographical indication; producing, importing, transporting, storing for sale of goods or stamps, labels, or items bearing counterfeit marks, geographical indications; unfair competition in industrial property field.

It is entitled to seizure evidences, means of  administrative violation, deprive the use right licenses, professional practice certificates or suspend business activities of goods and services in a period of time

Decree 99/2013/ND-CP shall replace Decree 97/2010/ND-CP issued by the Government and take effect on October 15^th 2013.

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