Some Updates and Comments on IPR-related Corporate Criminal Liability(08/15/2017)
It is striking that the first time in its development history of criminal jurisprudence and legislation, Vietnam accepted and passed the new inclusion of corporate criminal liability regime in the Penal Code of 2015. Although only 31 out of 314 offences subject to corporate criminal liability and amongst these 31 crimes there are 22 belonging to group of perpetrating economic management order including offences for infringing upon copyright, related right (Section 225) and upon industrial property right (Section 226) and 9 committing the environment-related crimes. This article is intended to update and analyze newly-criminalized legal responsibility applicable for corporate but merely relating to offences for contravening copyright, related right and industrial property right. Detail
Legal updates on IPR Border Protection in Vietnam(04/10/2017)
According to TRIPs, WTO members are required to enact in their national legislations premature prevention mechanism against counterfeit trademarked, pirated copyright goods and/or purportedly infringing goods over intellectual property rights imported into the territory of such member. This provisional remedy is widely known as intellectual property right border control. More particularly, suspension of clearance and/or detection of counterfeit and pirated goods responsible by Customs Authorities under section 51 TRIPs is set out as below:
Members shall, in conformity with the provisions set out below, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.