Measures to Handle Intellectual Property Rights Infringement

Intellectual property rights infringement refers to the act of using, copying, distributing, or exploiting objects protected by intellectual property rights without the permission of the rights holder or in violation of applicable legal regulations. These objects may include copyright (literary works, artistic works, software), industrial property rights (trademarks, patents, industrial designs, geographical indications), and rights related to plant varieties.

Specifically, under Vietnamese law (Intellectual Property Law), intellectual property infringement occurs when an individual or organization engages in acts such as:

• Copying, producing, or trading goods or services bearing a protected trademark or content without the consent of the rights holder;
• Unauthorized use of a protected patent, technical solution, or plant variety;
• Causing confusion among consumers by using signs identical or similar to a registered trademark or geographical indication;
• Disclosing or using trade secrets without authorization.

Such acts often cause harm to the rights holders, consumers, or society and may be subject to civil, administrative, or criminal remedies depending on their severity. In simple terms, it is the unauthorized “theft” or misuse of another person’s intellectual property in violation of legal provisions.

1. Civil Measure

This measure are applied through the courts. Pursuant to Article 202 of the Intellectual Property Law, the court may impose the following measures on organizations or individuals found to be infringing:

• Compelling the termination of infringing acts;
• Compelling a public apology and rectification;
• Compelling the performance of civil obligations;
• Compelling compensation for damages caused by the infringement;
• Compelling the destruction or distribution or put to use for non-commercial purposes of goods, materials and implements predominantly used for production and trade of the IPRs infringing goods.

2. Administrative Measure

Pursuant to Article 211 of the Intellectual Property Law, organizations or individuals who suffer damage or detect infringing acts that affect consumers or society have the right to request competent state authorities to take action. Specifically:

• The intellectual property rights holder may request administrative sanctions for acts infringing their rights.
• Depending on the severity of the violation, competent authorities may impose a warning, a fine, or additional measures such as confiscation of goods or an order to remedy the consequences.
• Acts of infringement subject to administrative sanctions include:
  • Causing damage to authors, rights holders, consumers, or society;
  • Failing to cease the infringing acts despite a written request to do so;
  • Producing, importing, transporting, or trading in goods counterfeit in terms of intellectual property, or commissioning others to carry out such acts;
  • Producing, importing, trading, or storing labels, tags, or items bearing trademarks or geographical indications that are identical or confusingly similar to protected trademarks or geographical indications.

3. Criminal Measure

Criminal measures are sanctions applied to acts of infringement of copyright, related rights, or industrial property rights concerning trademarks and geographical indications protected in Vietnam, when such acts occur on a commercial scale. Upon detecting signs of criminal activity, the rights holder may submit a request to the competent procedural authorities for handling. If sufficient evidence is established, the authorities will impose penalties as stipulated under the Criminal Code.

4. Measure to Control Export and Import Goods