Vietnam: Determination of the value of infringing goods in the field of intellectual property

13:50, 08/01/2011

This is one of the contents amended by Decree No. 119/2010/NĐ-CP of Vietnam’s Government amending and supplementing a number of articles of Decree No. 105/2006/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property.

Giá trị hàng hóa xâm phạm, Nghị định 119/2010/NĐ-CP

According to Clause 6 Article 1 of Decree No. 119/2010/NĐ-CP of Vietnam’s Government, definition of infringing goods and determination of the value of infringing goods are as follows:

- Infringing goods: Infringing goods are parts or details (below referred to as components) of products which contain infringing elements and can be circulated as independent products. If it is impossible to detach the infringing element as an independent component of a product which can be independently circulated under Point a of this Clause, then the infringing goods shall be the whole product that contains the infringing element.

- Determination of the value of infringing goods: The value of infringing goods shall be determined by the infringement-handling agency at the time of occurrence of the infringement and based on the grounds which are arranged in the following priority order:

+ The quoted price of the infringing goods;

+ The actual selling price of the infringing goods;

+ The cost of the infringing goods (if not yet put into circulation);

+ The import price of the infringing goods.

In addition to the determination of the value of infringing goods, Decree No. 119/2010/NĐ-CP also annuls other administrative remedies and sanctioning competence and procedures.

View more details at: Decree No. 119/2010/NĐ-CP of Vietnam’s Government takes effect from February 20, 2011.

Nguyen Phu

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