Amendments to regulations on valuation of exhibits and means used for violations against regulations on industrial property in Vietnam

Amendments to regulations on valuation of exhibits and means used for violations against regulations on industrial property in Vietnam

Herein, amend the regulations on valuation of exhibits and means used for violations used for determination of fines and competence to impose sanctions in Vietnam as follows:

(1) The basis for valuation of exhibits and means used for administrative violations in Vietnam stipulated in Decree 99/2013/ND-CP is applied based on one of the bases in the order of priority specified at Points a, b, and c Clause 2 Article 60 of the Law on Handling Administrative Violations.

(Currently, Decree 99/2013/ND-CP stipulates that the valuation of exhibits violating industrial property rights and counterfeit goods in intellectual property comply with the provisions of Clause 2 Article 213 of the Intellectual Property Law to serve as the basis for determining the fine brackets and the competency to impose penalties, following one of the bases in the order of priority specified in Clause 2 Article 60 of the Law on Handling Administrative Violations as follows:

- Listed price or price stated in the contract or purchase invoice or import declaration form;

- Price according to the local financial authority’s notice; in cases where there is no price notification, the market price at the time of the administrative violation;

- Cost price of the violating goods if those goods have not been sold yet.)

(2) In cases where it is impossible to apply the bases stipulated in Clause (1) to determine the value of exhibits and means used for administrative violations as a basis for determining the fine brackets and the competency to impose penalties, the competent authority handling the case may issue a decision to temporarily seize the violating items and means and establish a Valuation Council as prescribed in Clause 3 Article 60 of the Law on Handling Administrative Violations.

(3) The principle of valuation of infringing goods shall be implemented according to the principles stipulated in the Decree detailing the implementation of certain articles and measures of the Intellectual Property Law concerning industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

(Currently, the determination of the value of means of administrative violations serving as the basis for determining the fine brackets and the competency to impose penalties is applied according to the provisions of Article 60 of the Law on Handling Administrative Violations.)

Decree 46/2024/ND-CP takes effect in Vietnam from July 01, 2024.

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