1. Concept of intellectual property rights

Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyright and rights related to copyright, industrial property rights and rights to plant varieties.

2. Acts of intellectual property infringement

According to the provisions of Article 5 of Decree 105/2006/ND-CP on acts of infringement of intellectual property rights, as follows:

“The act under consideration is considered an act of infringement of intellectual property rights as prescribed in Articles 28, 35, 126, 127, 129 and 188 of the Law on Intellectual Property, when there are sufficient grounds as follows:

1. The subject under consideration falls within the scope of subjects currently protected by intellectual property rights.

2. There are infringing elements in the subject under consideration.

3. The person performing the act under consideration is not the subject of intellectual property rights and is not a person permitted by law or competent authority as prescribed in Articles 25, 26, 32, 33, Clause 2 and Clause 3 of Article 125, Article 133, Article 134, Clause 2 of Article 137, Articles 145, 190 and 195 of the Law on Intellectual Property.

4. The act under consideration occurs in Vietnam.

The conduct under consideration is also considered to occur in Vietnam if the conduct occurs on the internet but is aimed at consumers or users in Vietnam.

3. Measures to handle violations of intellectual property rights

According to the provisions of Article 199 of the 2005 Law on Intellectual Property, measures to handle acts of infringement of intellectual property rights are as follows:

1. Organizations and individuals who infringe upon the intellectual property rights of other organizations and individuals may, depending on the nature and extent of the infringement, be subject to civil, administrative or criminal sanctions.

2. In case of necessity, competent state agencies may apply temporary emergency measures, measures to control exported and imported goods related to intellectual property, measures to prevent and ensure administrative sanctions according to the provisions of this Law and other relevant legal provisions.”

Civil measures in handling intellectual property rights infringement by civil measures are stipulated in Article 202 of the 2005 Law on Intellectual Property, as follows:

The Court applies the following civil measures to handle organizations and individuals who infringe upon intellectual property rights:

1. Force to stop the infringement;
2. Forced apology, civil correction;
3. Compulsory performance of civil obligations
4. Forced compensation for damages
5.  Compulsory destruction or distribution or use for non-commercial purposes of goods, raw materials, materials and means used primarily for the production and trading of goods infringing intellectual property rights, provided that this does not affect the ability of the intellectual property right holder to exploit the rights.”

According to the provisions of Article 211 of the 2005 Law on Intellectual Property, acts of intellectual property infringement are subject to administrative penalties, as follows:

1. The following acts of intellectual property infringement are subject to administrative sanctions:

a) Committing acts of intellectual property infringement that cause damage to consumers or society;

b) Failing to stop acts of intellectual property infringement despite being notified in writing by the intellectual property right holder to stop such acts;

c) Producing, importing, transporting, or trading in counterfeit goods of intellectual property as prescribed in Article 213 of this Law or assigning others to do so;

d) Producing, importing, transporting, or trading in objects bearing trademarks or geographical indications that are identical or confusingly similar to protected trademarks or geographical indications or assigning others to do so.

2. The Government shall specify acts of intellectual property infringement that are subject to administrative sanctions, forms, levels of sanctions, and procedures for sanctioning such acts.

3. Organizations and individuals who commit acts of unfair competition regarding intellectual property shall be subject to administrative sanctions in accordance with the provisions of the law on competition.’’

According to Article 212 of the Law on Intellectual Property, acts of intellectual property infringement are subject to criminal penalties, as follows:

“Individuals who commit acts of intellectual property infringement that constitute a crime shall be prosecuted for criminal liability according to the provisions of criminal law.”

Thus, violations of intellectual property rights can be subject to civil and administrative liability and, more seriously, criminal liability.

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