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Statistics on IPR infringment cases handled in Vietnam

Numbers of IPR infringement cases handled by administrative enforcement authorities in Vietnam during 2012-2015

Enforcement body2012201320142012-2015
Inspectorates of Science & Technology

 

69 cases (38 cases handled by Inspectorate of Ministry of Science & Technology)142 cases113 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 authorities101 cases (the whole customs authorities)No report24 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

YearTotal number of infringement casesNUMBER OF HANDLED CASES, ACT OF INFRINGEMENTTotal fine (Billion Dong)
Act of Infringement
Counterfeit Geographical Indication, trademark, packagesCounterfeit stamps, labels, packages
Number of infringValue of infringNumber of infringFineValue of infring
ement casesFineement goodsement cases(Billion Dong)ement goods
(Billion Dong)(Billion Dong)(Billion Dong)
20153.2551.63214,48514,8469733,4444,68523,057
20164.0182.84619,31122,2256733,0643,41426,403
20174.5213.51828,60426,8643951,5161,59234,659

Source: Department of Market Management Agency, Ministry of Industry & Trade

 Number of IPR infringement cases handled by enforcement authorities during 2012-2015

Enforcement authoritiesInspectorate of Culture, Sports and TourismTelecom

munication Sector

Inspectorate of Science & Technology CustomsMarket Management AgencyEconomic PoliceCourt
Cases3866473n/a9.289n/a177
Average972118662.322n/a44

 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:

YearNumber of cases (the whole cases)Number of cases (IPR enforcement cases)Rate of IPR infringement (%)
201525.123325512,96
201629.276401813,72

(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:

Year2012201320142015Total
Number of cases (the whole cases)13.10114.00817.39625.12369.628

(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 CrimeApplicable article of lawNumber of handled casesAnalysis of handled cases
Transferring the casesTerminating the casesReturning case files to procuraciesAdjudicating
2012Crime of infringing Industrial Property  Rights17110001
2013Crime of infringing Industrial Property  Rights17120011
2014Crime of infringing Industrial Property  Rights17010001
Crime of infringing Industrial Property  Rights171110056
2015Crime of infringing Industrial Property  Rights17140013

Source: Supereme People’s Court

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