Vietnam: Actions against goods that are suspected of infringing intellectual property rights

According to Clause 11 Article 1 of Circular No. 13/2020/TT-BTC of the Ministry of Finance of Vietnam amending Circular No. 13/2015/TT-BTC, the Sub-department of Customs where customs procedures are followed shall send a notification of goods that are suspected of infringing IPRs to the IPR holder or legal authorized person using the Form No. 06 - TB/SHTT/2020 in the Appendix hereof and enclose photos of goods that are suspected of infringing IPRs therewith. The notification shall be sent by registered mail. Follow the instructions below:

- Within 03 working days from the receipt of the notification, if the IPR holder or legal authorized person does not apply for suspension of customs procedures, the customs authority shall carry on customs procedures as prescribed in Article 11 hereof;

- If the application for suspension of customs procedures is received and IPR holder or legal authorized person has fulfilled the obligations specified in Clause 3 Article 74 of the Law on Customs of Vietnam, the Sub-department of Customs where customs procedures are followed shall:

+ decide to suspend customs procedures as prescribed in Article 10 hereof;

+ If there are sufficient grounds for determining that the goods infringe IPRs, the Director of the Sub-department of Customs shall consider deciding to immediately adopt preventive measures specified in Articles 214 and 215 of the Law on Intellectual Property of Vietnam and cooperate with control forces at all levels in collecting information about, investigating and verifying goods;

- If the IPR holder or legal authorized person does not apply for suspension of customs procedures but pays an amount of money or provides a guarantee as prescribed in Clause 3 Article 74 of the Law on Customs or submits an application form for suspension of customs procedures but fails to pay an amount of money or provide a guarantee as prescribed in Clause 3 Article 74 of the Law on Customs, the Sub-department of Customs where customs procedures are followed shall not suspend customs procedures for goods, except for the case in which it is found that the goods are counterfeited in terms of intellectual property.

However, if there is not any request for protection of IPRs but during customs procedures, the customs authority where customs procedures are followed finds that the imports are suspected of infringing IPRs, it is required to carry out a physical inspection of goods (if a physical inspection of goods has not been carried out), collect samples or take photos of goods and decide customs clearance according to the inspection result or detain goods as prescribed.

View more details at: Circular No. 13/2020/TT-BTC of the Ministry of Finance of Vietnam takes effect from April 20, 2020.

Thu Ba

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