Enforcing IP Rights with the Customs in Vietnam: A Case Study


shutterstock_118547785Border control can be an effective means for European SMEs for enforcing their IP rights in Vietnam, and it serves the purpose of preempting and suppressing IP counterfeits of SMEs’ products at Vietnam’s borders. Border control has gained more attention over the past few years from business owners wishing to protect their IP in Vietnam as the Vietnamese government recently granted the Customs more powers, making it more efficient.

Even though, Vietnamese Customs are actively looking for possible infringing products crossing the border of the country, it is advisable for the European SMEs to actively cooperate with the Customs authorities by recording their IP with the Customs and by actively monitoring the market and letting the Customs know of suspected infringing shipments, to fully benefit from the Customs protection.

How does Customs Protection Work

Vietnamese customs laws prohibit the importation of goods that infringe IP Rights, and Vietnamese Customs has the authority to impose fines on infringers and confiscate infringing goods for import. However, infringing goods for export are not subject to any penalties imposed by the Vietnamese authorities so far. If the infringement of IP Rights exceeds a certain threshold, the Customs authorities can also arrange criminal proceedings to be brought against the infringing party. Continue reading “Enforcing IP Rights with the Customs in Vietnam: A Case Study” »

South-East Asia IPR Basics Series: Using Customs Controls In Vietnam

dreamstime_m_24720610Our final article for the Vietnam series covers how SMEs can work with Vietnamese authorities to use customs controls as an effective tool against infringement.

Customs can provide a last line of defence against infringement, stopping existing infringing goods from leaving or entering a country. This brief article gives an overview of Vietnam’s existing customs controls and gives some advice on how SMEs can work with the authorities to prevent the spread of infringing goods.

If, after reading you still feel all at sea, just get in touch with our experts and they’ll put you back on track!

Continue reading “South-East Asia IPR Basics Series: Using Customs Controls In Vietnam” »