Statistics on IPR infringment cases handled in Vietnam
Numbers of IPR infringement cases handled by administrative enforcement authorities in Vietnam during 2012-2015
| Enforcement body | 2012 | 2013 | 2014 | 2012-2015 |
| Inspectorates of Science & Technology
| 69 cases (38 cases handled by Inspectorate of Ministry of Science & Technology) | 142 cases | 113 cases (64 cases handled by Inspectorate of Ministry of Science & Technology) | 473 cases |
| Market Management Agencies* | 9.556 cases (counterfeit, poor quality goods, IPR infringement goods) | 13.037 cases (counterfeit, poor quality goods, IPR infringement goods) | 17.396 cases (counterfeit, poor quality goods, IPR infringement goods) | 22.441 (counterfeit, IPR infringement goods) |
| Customs authorities | 101 cases (the whole customs authorities) | No report | 24 cases (handled by Department of Investigation and Anti-smuggling) | No report |
Source: Inspectorate of Ministry of Science & Technology
Number of IPR infringement cases handled under administrative route by Department of Market Management Agency during 2015-2017
| Year | Total number of infringement cases | NUMBER OF HANDLED CASES, ACT OF INFRINGEMENT | Total fine (Billion Dong) | |||||
| Act of Infringement | ||||||||
| Counterfeit Geographical Indication, trademark, packages | Counterfeit stamps, labels, packages | |||||||
| Number of infring | Value of infring | Number of infring | Fine | Value of infring | ||||
| ement cases | Fine | ement goods | ement cases | (Billion Dong) | ement goods | |||
| (Billion Dong) | (Billion Dong) | (Billion Dong) | ||||||
| 2015 | 3.255 | 1.632 | 14,485 | 14,846 | 973 | 3,444 | 4,685 | 23,057 |
| 2016 | 4.018 | 2.846 | 19,311 | 22,225 | 673 | 3,064 | 3,414 | 26,403 |
| 2017 | 4.521 | 3.518 | 28,604 | 26,864 | 395 | 1,516 | 1,592 | 34,659 |
Source: Department of Market Management Agency, Ministry of Industry & Trade
Number of IPR infringement cases handled by enforcement authorities during 2012-2015
| Enforcement authorities | Inspectorate of Culture, Sports and Tourism | Telecom munication Sector | Inspectorate of Science & Technology | Customs | Market Management Agency | Economic Police | Court |
| Cases | 386 | 6 | 473 | n/a | 9.289 | n/a | 177 |
| Average | 97 | 2 | 118 | 66 | 2.322 | n/a | 44 |
Source of data:
- Statistics on IPR enforcement by Customs authorities are taken in conformity with those handled by IPR protection and Counterfeit, Anti-smugling Agency handled in 2015 (Source: Speech of the Anti-Smuggling Investigation Department at the Conference on Summary of 10 Years of implementation of Intellectual Property Law – May 2017).
- Statistics from other enforcement authorities (except for Market Management authorities): 168 program in the period of 2012-2015.
- IPR enforcement statistics by Market Management agencies: Since enforcement statistics by Market Management agencies from Program 168 are aggregated data, no separation of IPR infringement case, so the temporary analysis and estimation of statistics are made under the following method:
+ Step 1: Calculating the average rate of infringement of intellectual property rights (including intellectual property counterfeit goods) in the total number of administrative fines / fines of the Market Management force in two years 2015-2016 (based on data provided by the Market Management Department). In detail:
| Year | Number of cases (the whole cases) | Number of cases (IPR enforcement cases) | Rate of IPR infringement (%) |
| 2015 | 25.123 | 3255 | 12,96 |
| 2016 | 29.276 | 4018 | 13,72 |
(Source: Market Management Department)
Result: 13,34 %
+ Step 2: Taking the above rate to multiply the total number of cases of handling fake goods and infringing intellectual property rights (in general) provided by the Ministry of Industry and Trade for the Report on summarizing 10 years of implementing the Intellectual Property Law to calculate the “actual” enforcement data on intellectual property rights of the Market Management Force in the period of 2012-2015. Specifically:
| Year | 2012 | 2013 | 2014 | 2015 | Total |
| Number of cases (the whole cases) | 13.101 | 14.008 | 17.396 | 25.123 | 69.628 |
(Source: Ministry of Industry and Trade)
Handling and resolving criminal cases about IP at the People’s Court for the period of 2012-2015
| Year | Crime | Applicable article of law | Number of handled cases | Analysis of handled cases | |||
| Transferring the cases | Terminating the cases | Returning case files to procuracies | Adjudicating | ||||
| 2012 | Crime of infringing Industrial Property Rights | 171 | 1 | 0 | 0 | 0 | 1 |
| 2013 | Crime of infringing Industrial Property Rights | 171 | 2 | 0 | 0 | 1 | 1 |
| 2014 | Crime of infringing Industrial Property Rights | 170 | 1 | 0 | 0 | 0 | 1 |
| Crime of infringing Industrial Property Rights | 171 | 11 | 0 | 0 | 5 | 6 | |
| 2015 | Crime of infringing Industrial Property Rights | 171 | 4 | 0 | 0 | 1 | 3 |
Source: Supereme People’s Court
Readmore:
- Statistics on industrial property establishement activities in Vietnam
- Statistics on IP assessment cases during 2009-2018 in Vietnam
- Providing expert opinions / expert witness in support of IPR enforcement in Vietnam