Statutorily, customs monitoring covers all types of intellectual property. In practice, however, customs monitoring is often applicable to trademarks, geographical indications, and copyrights/neighboring rights. To record your IP right with Customs in Vietnam, you should submit the following details to Vietnam Department of Customs Control and Supervision (“DCCS”):
- A notarized and legalized Power of Attorney from the IPR holder to KENFOX IP & Law Office;
- Certified/notarized copy of the IPR protection title in Vietnam;
- Photos of the genuine products;
- Photos of the counterfeit products, if any;
- Comparison chart between the genuine and counterfeit products, if any;
- List of authorized importers/exporters;
- Assessment on the IPR infringement issued by the IPR assessment state body of Vietnam, if any
No later than 20 days from the receipt of the request, the DCCS should notify the SMEs whether the application is accepted or not.
Where Customs discovers import goods that are suspected of infringing upon your recorded IP right, they will notify you immediately in writing.
You then have three working days to verify the authenticity of the goods, apply to have the goods seized, and provide a bond.
If you wish, you can authorize your domestic agents in Vietnam to record your IP rights for you. The recordal is valid for up to 02 years. The period may be extended for two more years upon request. After the extension period expires, companies must re-file a new application if they wish to pursue the customs recordal. Customs does not charge an official fee for recording IP rights.