What are counterfeit goods in Vietnam? What are judgments on the crime of producing, trading in ccounterfeit goods in Vietnam?

What are counterfeit goods in Vietnam?

According to Clauses 7 and 8 of Article 3 of Decree 98/2020/ND-CP issued by the Government of Vietnam, the following goods and products are considered counterfeit goods:

- Goods whose usage value and utility do not correspond to the natural origin or name of the goods; goods with no usage value or utility or have a usage value and utility that do not match the declared or registered value;

- Goods that possess at least one quality indicator or basic technical characteristic or main constituent quantity that creates the usage value or utility of the goods meeting only up to 70% or less of the minimum required level specified in the registered or declared applied technical standards or quality standards, or as stated on the label or packaging;

- Counterfeit drugs as stipulated in Clause 33 of Article 2 of the Pharmaceutical Law 2016 and counterfeit medicinal materials as stipulated in Clause 34 of Article 2 of the Pharmaceutical Law 2016;

- Veterinary drugs and pesticides with no active ingredients; not having sufficient registered active ingredients; having different active ingredients from what is listed on the label; or having at least one active ingredient content reaching only 70% or less of the minimum required level specified in the registered or declared applied technical standards or quality standards;

- Goods whose labeling or packaging contains falsified instructions on the name and address of the manufacturers, importers, or distributors; falsified circulation registration numbers, publication numbers, barcode numbers, or falsified packaging of another organization or individual; falsified origins or places of manufacturing, packaging, or assembly of goods;

- Counterfeit labels, stamps, or packaging of goods include decals, product labels, packaging, types of quality stamps, quality seals, traceability labels, warranty cards, tamper-proof seals, or other items of a business organization or individual with falsified instructions of the name and address of another organization or individual; falsified trade names, commercial names, barcode numbers, circulation registration numbers, or publication numbers of the goods or packaging of another organization or individual.

From this, it can be understood that counterfeit goods are those that are illegally produced, imported, and distributed, which resemble genuine products in appearance but have no or improperly declared usage value and can potentially harm consumers.

What are judgments on the crime of producing, trading in ccounterfeit goods in Vietnam?

Below is a compilation of judgments on the crime of manufacturing and trading counterfeit goods adjudicated by the courts in Vietnam:

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