Can goods that infringe intellectual property rights be displayed at trade exhibitions in Vietnam?

Can goods that infringe intellectual property rights be displayed at trade exhibitions in Vietnam?

Article 24 of Decree 81/2018/ND-CP stipulates display of counterfeit goods, intellectual property right-infringing goods for comparison with genuine goods, accordingly:

1. Display of counterfeit goods, intellectual property right-infringing goods at trade fairs and exhibitions must be clearly specified in the application for registration when the trader registers trade fairs and exhibitions or amendments to those fairs and exhibitions.

2. Counterfeit goods and intellectual property right-infringing on display must be shown with clear notices that they are counterfeit of infringing objects.

According to this Article, goods that infringe intellectual property rights are still allowed to be displayed at trade exhibitions for comparison with real goods, and these goods when organizing exhibitions need to be clearly stated in the registration content when traders carry out administrative procedures to register or register to amend or supplement the content of organizing trade exhibitions in Vietnam.

In addition, when these goods are displayed, it must be clearly posted that they are goods that infringe intellectual property rights in Vietnam.

Does registering to organize a trade exhibition require an authenticated copy of the enterprise registration certificate in Vietnam?

According to Clause 5, Article 29 of Decree 81/2018/ND-CP regulating registration of organization of trade fairs and exhibitions, as follows:

5. An application for registration of organization of trade fairs and exhibitions shall include:

a) An application form for registration of organization of trade fairs and exhibitions according to Form no.10 provided in the Appendix issued together with this Decree;

b) An uncertified copy of the enterprise registration certificate, investment registration certificate, decision on foundation or other decision with equal validity in accordance to provisions of laws;

With this regulation in Vietnam, when enterprises carry out the procedures, the application for registration of the organization of a trade show will only need 1 copy of the enterprise registration certificate and does not need to be notarized or authenticated with the original.

What are obligations of traders organizing or participating in trade fairs and exhibitions in Vietnam?

Pursuant to Article 28 of Decree 81/2018/ND-CP stipulating obligations of traders organizing or participating in trade fairs and exhibitions, specifically as follows:

1. Traders organizing trade fairs and exhibitions are obliged to:

a) register the organization of trade fairs and exhibitions with competent state management agencies;

b) handle complaints and receive feedbacks from consumers or organizations and individuals on trade fairs and exhibitions or goods displayed at trade fair and exhibitions;

c) provide participants with sufficient and accurate information on the participation in trade fairs and exhibitions and other activities than goods display in trade fairs and exhibitions;

d) fulfill other obligations as prescribed in Article 139 and 140 of the Commercial Law.

2. Traders, organizations and individuals participating trade fairs and exhibitions (participating in goods display at trade fairs and exhibitions) are obliged to:

a) take full responsibility for goods or services displayed at trade fairs and exhibitions;

b) provide sufficient and accurate information on goods to be displayed for traders organizing trade fairs and exhibitions and take responsibility for such information;

c) fulfill other obligations as prescribed in Article 138 and 139 of the Commercial Law.

Thus, traders organizing and participating in trade exhibitions will have to fulfill the above obligations according to the law in Vietnam.

Best regards!