Implement plan to control counterfeit goods and intellectual property infringing goods


VCN – The trafficking of counterfeit goods and intellectual property infringing goods is forecast to complicated development. Therefore, the General Department of Vietnam Customs has directed units to combat and drastically handle violations.

Implement plan to control counterfeit goods and intellectual property-infringing goods
Counterfeit goods were seized by the Anti-smuggling and Investigation Department in 2022.

Two offences are prosecuted

The representative of the Anti-Smuggling and Investigation Department said that in 2022, the Customs sector implemented many solutions to prevent and strictly handle illegal transport and trafficking of counterfeit goods and intellectual property infringing goods. The Customs transferred to the Police authority two cases involving in manufacturing and trading in counterfeit goods and infringing intellectual property rights. However, the number of detected and handled violations in this field is still low (65 cases detected in 2022).

The General Department of Vietnam Customs forecasts that the situation in the future will still complicatedly take place in all routes with sophisticated methods. Consumer goods are high risk items such as clothes, shoes, bags, cosmetics, which famous counterfeit brands; electrical appliance, electronic components, electrical and electronic household appliances; supplemental foods, fake pharmaceuticals; cigarettes, cigars, and alcohol that are forged trademarks, labels, and packages; iron and steel products, wood and wooden products imported from abroad to Vietnam with signs of counterfeit origin for illegal transshipment.

Smugglers have taken advantage of transit and goods deposited in bonded warehouses to transport and trade counterfeit goods and infringe intellectual property rights. Infringing items originate from several countries and territories, especially in Asia.

To improve the effectiveness of the prevention and fight against smuggling of these goods, the Anti-Smuggling and Investigation Department advises and submits to the leaders of the General Department of Vietnam Customs for approval of the “”lan for combating smuggling, counterfeit goods and goods infringing intellectual property rights in 2023””

Effectively combating

According to the Anti-Smuggling and Investigation Department, the department’s key requirement is to proactively detect methods and tricks in import and export activities, transportation and transit of counterfeit goods, and intellectual property infringing goods. Investigate and clarify each violation, the nature and level of aggravating and mitigating factors, subjective and objective factors, causes, consequences, motives and purposes of each relevant individual, organizations to identify administrative or criminal violations.

Investigate and identify each act of producing and trading counterfeit goods in the customs field; producing, importing, trading, transporting or storing goods that are forged trade mark and geographical indications for illicit profits; producing, importing, trading, transporting, storing to sell stamps and products with forged trade mark and geographical indications; infringing rights to fake trademarks, geographical indications, trade names and industrial designs of individuals and organizations engaged in export and import activities to actively fight effectively and strictly handle them before the law

Notably, the department is required to make plans for combating these violations in line with the actual status of each locality; focus on information collection and analysis, and closely control the targeting areas of smuggling of fake goods or places of producing, packing, assembling and labelling of counterfeit goods.

Focus on fighting counterfeit goods in terms of origin and sites of manufacturing, packing and assembling goods and labelling and packing fake goods. Especially, foreign goods labelled “Made in Vietnam” in the customs control area, and industrial zones. Preventing smugglers from abusing tax incentives from Free Trade Agreements signed by Vietnam for tax evasion and illicit transportation of goods, and activities of trading in imported materials subject to tax exemption for smuggling and tax evasion.

Effectively coordinate and exchange information with C/O issuers in Vietnam such as the Import and Export Department (Ministry of Industry and Trade), VCCI and other competent agencies and associations. Strengthen international cooperation with other customs administrations and organizations on prevention and combat of smuggling of counterfeit goods.

The General Department of Vietnam Customs directs that the customs will be based on violations and nature of administrative violations to apply provisions of Law on the Law on Handling administrative violations, the Law on Intellectual Property, the Law on Customs and other relevant laws.

As for criminal cases, violations showing signs of manufacturing and trading in counterfeit goods as prescribed in Article 192 and infringing industrial property rights specified in Article 226 of the Code Criminals in 2015 (amended and supplemented in 2017) are not under the jurisdiction of the Customs to prosecute the cases. The Customs will transfer the cases and infringing goods to the Investigation Police Agency for investigation and handling.

By Thai Binh/Ngoc Loan


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