Besides three measures as mentioned above, IPR holders have the right to request customs offices to apply border measures with the alleged infringing goods, whether imported or exported, across Vietnamese borders. Border controls are deemed to be prompt and intermediate measures that IPR holders can use to bar alleged infringing imports or exports and locate and gather evidence of infringement of their rights. However, IPR holders may be faced with a risk that their allegation is found groundless, resulting in the fact that they may be attacked by counter-claims.
IPR holders may request the customs offices to take the following border measures:
• Inspection and monitoring for the imports or the exports suspected of being the IPR infringing goods;
• Suspension of customs procedures upon the request of the IPR holder within 10 working days. This duration may be extended, but shall not exceed 20 working days in total, subject to legitimate reasons and another security provided by the IPR holder.
• For requesting the competent Customs Offices to apply border measures, IPR holders shall be obligated to:
– Substantiate that that they are the IPR holders;
– Provide adequate information to determine the import-export goods/products allegedly infringing intellectual property rights;
– Submit a request for taking border measures and pay official prescribed fees;
– Compensate for damages caused by taking border measures.